Illinois Moves to Limit Vehicle Searches Based on Cannabis Odor

Illinois lawmakers are advancing legislation to restrict law enforcement’s ability to conduct vehicle searches solely based on the smell of cannabis. This move aims to address concerns about civil liberties and align policing practices with the state’s cannabis legalization laws.

In April 2025, the Illinois Senate passed Senate Bill 42 (SB 42), which stipulates that the odor of cannabis alone cannot constitute probable cause for police to search a vehicle. The bill, sponsored by State Senator Rachel Ventura (D-Joliet), seeks to clarify law enforcement procedures following conflicting court rulings on the matter. SB 42 now awaits consideration in the House of Representatives and, if approved, will require the governor’s signature to become law.

The legislative push comes in response to recent Illinois Supreme Court decisions that have created ambiguity regarding the legality of vehicle searches based on cannabis odor.

These divergent rulings have led to confusion among law enforcement and the public, prompting calls for legislative clarification.

Advocates for SB 42 argue that relying solely on cannabis odor for vehicle searches can lead to violations of privacy rights and disproportionate targeting of certain communities. They contend that the bill will help ensure that searches are based on more substantial evidence of illegal activity.

Law enforcement agencies express concerns that the bill may hinder their ability to detect and prevent illegal transportation of cannabis, especially when it is not stored in compliance with state regulations.

As SB 42 progresses through the legislative process, stakeholders on both sides continue to debate the balance between effective law enforcement and the protection of individual rights in the context of evolving cannabis laws.