Illinois, like many states, legalized the recreational use of marijuana. With that change in law, though, comes confusion regarding what constitutes reasonable cause to stop a person for a marijuana-related driving offense. Recently, the Supreme Court of Illinois provided some clarity, ruling that the smell of marijuana, in and of itself, did not provide reasonable cause for a search during a traffic stop. If you are accused of a marijuana-related DUI offense, it is advisable to confer with an Illinois DUI defense lawyer to evaluate what arguments you may be able to set forth in your defense.
Factual and Procedural Background
It is alleged that a state police officer stopped a car with an incorrectly secured license plate traveling at an excessive rate of speed on an interstate highway. During the stop, when the defendant rolled down his window, the officer detected the strong odor of burnt cannabis. Although the defendant denied having used cannabis in the vehicle, the officer conducted a search and found approximately one gram of cannabis in the center console. The defendant was charged with unlawful possession of cannabis and unlawful possession by a driver.