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April 4, 2025 • 12:00 AM

Michigan Court Rules Marijuana Smell Cant Justify Vehicle Searches

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.

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