LANSING – Police in Michigan can no longer use the smell of marijuana as a legal justification to search individuals or vehicles, according to a new ruling issued last week by the state’s Supreme Court.
The court ruled that because marijuana use is legal in the state, law enforcement cannot justify a search — even if the smell is strong — based solely on its odor. The decision stems from a 2020 case.
In a 5-1 decision, the Michigan Supreme Court upheld rulings by both the Court of Appeals and the trial court, stating that the smell of marijuana alone does not constitute evidence of illegal activity.
The case originated from the October 2020 arrest of a Detroit man during a routine traffic stop. A police officer reported smelling marijuana coming from the vehicle and asked the driver if he had been smoking. The man denied it. The officer then ordered him out of the car, handcuffed him and conducted a search. Another officer later found a black handgun under the front passenger seat, leading to the man’s arrest and charges of unlawful possession of a concealed weapon.
Because the firearm was not in plain view, the court determined that the officer’s justification for removing the man from the car based solely on the smell of marijuana was unlawful. Prosecutors had cited a 2000 case that allowed police to use the smell of marijuana as probable cause to conduct a vehicle search.
However, in their latest ruling, the justices stated that even if the odor gave officers reasonable suspicion to detain the individual, the search itself was still based solely on the smell — not on visible evidence.
“A warrantless search must be based on probable cause, and the smell of marijuana alone is insufficient to establish probable cause,” the justices said.
