top of page

Odor of Raw Cannabis Justifies Search But Odor of Burnt Cannabis Does Not

Mertes & Mertes to Seek Appeal to U.S. Supreme Court

Odor of Raw Cannabis Justifies Search But Odor of Burnt Cannabis Does Not

Springfield, IL - In a sharply divided 4-2 opinion, the Illinois Supreme Court has ruled that the odor of raw cannabis alone provides a police officer with probable cause to search a motor vehicle. The decision was announced on December 5, 2024 in the long-awaited case of People vs. Molina, argued by Attorney James Mertes of the Law Firm of Mertes & Mertes. Earlier this year, in People vs. Redmond, argued by Attorney Bruce Carmen, the Illinois Supreme Court had ruled that the odor of burnt cannabis alone did not provide an officer with probable cause to search a motor vehicle.


As a result of the two opinions, Illinois law now provides that the smell of burnt cannabis alone does not justify a vehicle search, but the smell of raw cannabis alone does justify a vehicle search. At oral argument before the State's high court, Attorney Mertes had argued, "the Illinois legislature did not legalize marijuana provided that it has already been smoked." The dissenting opinion, authored by Justice O'Brien and joined by Chief Justice Thies, seemed to agree. The dissenting justices described the majority's distinction between raw cannabis and burnt cannabis as an "absurdity" that "makes no sense."


The Law Firm of Mertes & Mertes, P.C. will now be filing a petition before the United States Supreme Court (called a "petition for writ of certiorari") requesting to appeal the matter to our nation's highest court.


Attorneys James Mertes and Mitchel Johnston of Mertes & Mertes have been handling this appeal from its inception.



Mertes & Mertes, P.C.

Copyright 2024 The Mertes Law Firm P.C.

bottom of page