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USA Today
April 4, 2025 • 12:00 AM
Michigan Court Rules Marijuana Smell Cant Justify Vehicle Searches

Key Points
- • The Michigan Supreme Court ruled that the smell of marijuana alone cannot justify a police search of a vehicle, reflecting the 2018 legalization of recreational marijuana.
- • The 5-1 decision overturned a 25-year precedent, with Justice Megan Cavanagh stating that the smell is just one factor in probable cause.
- • The ruling stems from a 2020 incident in Detroit involving a Jeep Cherokee where police detected the smell of burning marijuana.
- • The court emphasized that, under the Michigan Regulation and Taxation of Marihuana Act, the smell no longer indicates illegal activity.
- • Marijuana possession is still illegal under certain circumstances, such as operating a vehicle under the influence or smoking in public.
- • Dissenting Justice Brian Zahra argued that the lower courts failed to consider other evidence, like the handgun found in plain view.
- • Meanwhile, a pro-marijuana group, American Rights and Reform PAC, is launching a $1 million ad campaign targeting Trump.
- • The ads remind Trump of his past promises to decriminalize marijuana and criticize Biden's failure to reform federal marijuana policy.
- • The campaign aims to sway Trump to act on marijuana legalization, highlighting the growing support among Republicans and the public.
- • Trump had previously indicated support for marijuana reform but has yet to implement significant changes since his election.
- • A poll conducted by Trump’s team shows strong voter support for cannabis legalization, especially among young voters.
- • Despite some progress in discussions, the White House has stated that no immediate action on marijuana reform is being considered.
Original Sources
USA Today
Michigan Supreme Court: Marijuana smell alone cannot justify police search of vehicle
CNN
Pro-marijuana group aims to sway Trump by airing ads around White House and Mar-a-Lago