South Central Reporter

Illinois state Rep. Blaine Wilhour (R-Beecher City) is criticizing Democratic state senators for passing a measure that would prohibit police officers from using the smell of marijuana as the sole probable cause to search a vehicle or its passengers.

"It is my understanding that this bill is the result of one traffic stop," Wilhour recently told the South Central Reporter. "There is not an epidemic of cops pulling people over and searching their cars because of the smell of marijuana. We need to simplify the rules and regulations when it comes to policing so that law enforcement and the public at large understands their rights as well as what the rules are."

Senate Bill 125 is sponsored by Illinois state Sen. Rachel Ventura (D-Joliet), and lawmakers voted 33–20 to pass the legislation, a recent Marijuana Moment report said. Supporters argued that the bill would protect residents' rights against unreasonable searches.

“People—especially people of color—are unnecessarily pulled over far too often,” Ventura said in a statement, quoted by Marijuana Moment. “The odor of cannabis alone shouldn’t be one of those reasons. Cannabis is legal in Illinois and it’s a pungent scent that can stick to clothes for extended periods of time.”

Senate Democrats affirmed the push for the bill stemmed from a Will County court case in which a defendant was pulled over and arrested after the officer detected “a strong odor of burnt cannabis emanating from the vehicle,” which the defendant later clamed was due to someone having smoked cannabis in the car “a long time ago.”

Marijuana Moment pointed out that the bill would not alter the state’s laws concerning impaired driving, meaning the act of operating a motor vehicle under the influence of marijuana would remain a criminal offense. The bill states that “if a motor vehicle is driven or occupied by an individual 21 years of age or over, the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of the motor vehicle, vehicle operator, or passengers in the vehicle.”

But Wilhour noted that the legislation would make it more difficult for law enforcement personnel to do their jobs.

“Law and order are important, but we also don’t want to usher in a police state,” he told the Reporter. “I think if we are concerned about traffic stops and vehicle searches then let’s look at implementing some comprehensive reforms. This piecemeal approach is only going to lead to confusion and won’t solve any problems.

“Adding more regulations and expectations on police officers with little direction is inevitably going to make their job harder. We need to stop complicating police work and let our officers do their job.”

The bill is now set to be considered by the state’s House of Representatives.