In a landmark decision, the Michigan Supreme Court ruled on April 2 that the odor of marijuana alone no longer constitutes probable cause for police to conduct a warrantless vehicle search. This 5–1 ruling overturns a 25-year-old precedent and reflects the state’s evolving legal stance following the legalization of recreational marijuana in 2018.
The case originated from a 2020 incident in Detroit. Police officers conducting parole compliance checks noticed a parked Jeep Cherokee emitting the smell of burnt marijuana. Upon questioning, the occupants denied smoking marijuana in the vehicle. Subsequently, officers asked them to exit the vehicle and, during the process, observed a handgun under the front passenger seat. This discovery led to charges including carrying a concealed weapon and possession of a firearm by a felon.
“The appropriate rule is that the smell of marijuana is one factor that may play a role in the probable-cause determination,” Justice Megan Cavanagh wrote for the majority. “A warrantless search must be based on probable cause and the smell of marijuana is insufficient to support probable cause.”
The court clarified that while marijuana odor can still be a factor in determining probable cause, it cannot be the sole basis for a warrantless search. Additional indicators of illegal activity must be present to justify such a search.
This ruling necessitates adjustments in law enforcement procedures. Officers must now rely on a combination of factors beyond just the smell of marijuana to establish probable cause for vehicle searches. This aligns with the broader intent of the Michigan Regulation and Taxation of Marihuana Act (MRTMA) to decriminalize certain uses and possessions of marijuana.
Now, the smell of marijuana could show that the person possesses a legal amount of marijuana, recently used marijuana legally or was in the presence of someone else who used marijuana. However, Cavanagh wrote that marijuana use and possession are still not legal under all circumstances. Operating a motor vehicle under the influence of marijuana remains a crime and smoking marijuana in public is a civil infraction.
Justice Brian Zahra dissented, expressing concern that the lower courts did not fully consider whether the handgun was in plain view, which could have justified the search independently of the marijuana odor.
“The lower courts’ errors leave open the possibility that the smell of marijuana was not the only valid evidence supporting probable cause,” he wrote.
