Grand Rapids, MI – The Michigan Supreme Court ruled Wednesday that the mere odor of marijuana does not provide sufficient grounds for police to search a vehicle without a warrant. In a landmark 5-1 decision, the court threw out gun charges against a man whose car had been searched by authorities in Detroit in 2020.
The ruling comes in the wake of Michigan’s 2018 legalization of marijuana for recreational use by adults aged 21 and older. Under the new law, the possession and use of small amounts of marijuana are allowed, though consumption in vehicles remains prohibited. Despite the legalization, police had previously relied on the scent of marijuana as probable cause for vehicle searches.
In the majority opinion, Justice Megan Cavanagh stated that “the smell of marijuana might just as likely indicate that the person is in possession of a legal amount of marijuana, recently used marijuana legally, or was simply in the presence of someone else who used marijuana.” Cavanagh emphasized that the odor no longer provides the necessary probable cause for a police search.
“The smell no longer constitutes probable cause sufficient to support a search for contraband,” Cavanagh wrote, noting that two lower courts had reached the same conclusion prior to the case reaching the state’s highest court.
The decision mirrors a similar ruling made by the Illinois Supreme Court in September 2024, following that state’s legalization of marijuana in 2019. In Illinois, the court ruled that the odor of marijuana could no longer be used as a basis for a search given the increasing prevalence of legal marijuana use.
In Michigan, the case revolved around a man who was stopped by police in Detroit in 2020. Officers reportedly detected the smell of marijuana during the stop and proceeded to search the vehicle, where they found firearms. However, in the context of the state’s legal marijuana laws, the court determined that the smell alone did not justify the search.
Justice Brian Zahra was the lone dissenter in the case, urging that the matter be sent back to a Detroit-area court for further examination of whether other evidence justified the search. Zahra expressed concern that the decision may limit the ability of police to conduct searches in cases where additional evidence could have been present.
This decision is seen as a significant moment in the ongoing debate about law enforcement and marijuana use, particularly as states across the U.S. grapple with the complexities of legalized cannabis. Legal experts predict that the ruling will have far-reaching implications, particularly as more states move toward the legalization of marijuana.
As the legal landscape continues to evolve, the Michigan Supreme Court’s decision serves as a reminder that the laws surrounding marijuana use and law enforcement tactics must adapt in accordance with changing societal norms and legislative shifts.
