Detroit, Mich (WNEM) – In a ruling Wednesday, the Michigan Supreme Court said the odor of marijuana does not give police enough reason to search a car without a warrant, according to the Associated Press (AP).
The court ruled 5-1 in favor of a man who had gun charges after his car was searched in Detroit in 2020.
In 2018, Michigan voters voted to legalize the possession and use of small amounts of marijuana by people 21 years or older, AP said adding, it cannot be used inside a vehicle, however.
“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,” said Michigan Supreme Court Justice Megan Cavanagh.
She added that the smell “no longer constitutes probable cause sufficient to support a search contraband.”
AP also said two lower courts reached the same conclusion.
The only justice who voted against the ruling is Justice Brian Zahra, according to the AP. He said he favors returning it to a Detroit-area court to determine if any other evidence supports a search of the car by police.
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