Police have been pulling people over and stopping them on the street for years, claiming at the stops that they “smell marijuana.” In the past, this has been about all they need to say to cover their asses and claim they had “probable cause.”
But now, law enforcement agencies are going to have to come up with an alternative, since several judges, including those presiding over an Arizona court, just ruled that this isn’t going to cut it anymore.
That’s right: if police wish to establish probable cause, they are going to have to find another way besides just saying they smelled something that might have been marijuana.
The Arizona Court of Appeals handed down that verdict, saying that since the state now has legal medical marijuana, the odor of raw or burnt cannabis itself does not constitute probable cause. This ruling could logically be extrapolated to and applied as a reasonable defense in other states where medical marijuana is legal, and even those states bordering them.
Read the full article at Counter Current News.