The Illinois Supreme Court announced today that it anticipates an opinion will be filed for People v. Molina at 9 a.m. Thursday, Dec. 5. The case involves defendant Vincent Molina, who was charged with unlawful possession of cannabis by a passenger in a motor vehicle for not storing the cannabis in an odor-proof container. The Illinois Supreme Court heard oral arguments for the case in early January 2024 to determine if cannabis aroma alone is probable cause to search a vehicle.

For oral arguments, People v. Molina was consolidated with a similar case, People v. Redmond. In both cases, law enforcement used the smell of cannabis as probable cause to search the individual’s vehicle. On Sept. 19, 2024, the Illinois Supreme Court ruled in the People v. Redmond case that burnt cannabis aroma alone was insufficient probable cause to search a vehicle.

The conclusion on the ruling for People v. Redmond stated, “We hold that the odor of burnt cannabis, alone, is insufficient to provide probable cause for police officers to perform a warrantless search of a vehicle. We also hold that the totality of the facts and circumstances known to Officer Combs did not provide probable cause to search Redmond’s vehicle. Therefore, the circuit court correctly granted the motion suppressing the evidence confiscated from Redmond. Accordingly, we affirm the appellate court’s decision affirming the trial court’s order suppressing the evidence seized in the warrantless search of Redmond’s car.”

Check back Thursday for details about the Illinois Supreme Court ruling. For more Illinois cannabis industry news, subscribe to Illinois News Joint’s newsletter here.

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