Illinois Senate approved legislation to prevent the smell of marijuana being used as probable cause for a search on a vehicle or its passengers.
On Thursday, the Senate approved SB 125 with a vote of 33-20. The bill is now being considered by the House of Representatives.
Senator Rachel Ventura (D), the bill’s sponsor, stated in a Senate Democrats statement that the proposal would safeguard Illiniosians rights from unreasonable searches.
Ventura stated that “people–especially people with color–are unnecessarily pulled under far too often.” “The smell of cannabis should not be the sole reason. Illinois legalizes cannabis and the pungent smell can stick to clothing for long periods.
.@SenatorVentura leads bill to remove odor of cannabis as probable cause to search a vehicle https://t.co/f0AMUw5Gy6 pic.twitter.com/jtqPpPjRSQ
— Illinois Senate Democrats (@ILSenDems March 31, 2023
Senate Democrats released a statement stating that the bill was in response to a Will County court matter in which a defendant was pulled under arrest after the officer detected “a strong smell of cannabis emanating from his vehicle.”
The state’s impaired driving laws will not be affected by the bill. It would still be illegal to operate a motor vehicle while under the influence.
Ventura’s striking amendment was approved by the Senate floor on Thursday. It replaced the bill’s language that was first introduced in January.
The bill was passed by the body. It states that “if a vehicle is being driven or occupied, by any individual 21 years or older, the odors of burnt or raw marijuana in a vehicle shall not be sufficient to justify the search of the motor car, vehicle operator, or passengers in it.”
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It eliminates the requirement that cannabis be kept in odor-proof containers in vehicles.
Since its launch in 2020, Illinois’s cannabis market has seen tremendous growth. The state saw an increase of 50 percent in sales of adult-use cannabis last year, with more than $1.5 Billion in total sales. In Fiscal Year 2022, the state raked in $445.3 Million in tax revenue.
Officials admit that there is still much work to do. In September, state regulators published a report that showed there was a lack of diversity among adult-use marijuana business owners. The report outlined a plan for turning this around in the current fiscal, with the industry poised to expand significantly as almost 200 social equity businesses are launched.
Governor and other state officials stressed that they are committed to making sure that a portion of the tax revenue from marijuana markets goes toward community reinvestment as required by the state’s legalization laws. Officials last year announced that the state would award $45 million in grants to community reinvestment in the areas most affected by the failed war against drugs.
This was the second round of funding made possible by the state’s Restore, Reinvest, and Renew program (R3), which was established in Illinois’s adult-use cannabis law. State officials allocated $3.5 million in cannabis funds to efforts to reduce violence by street intervention programs.
The governor also announced that his office had processed more then 500,000 expungements for those with low-level cannabis convictions.
Pritzker also signed legislation last ye that will allow courts to deny requests to expunge and seal records that were based on positive marijuana drug tests.
To assist residents with marijuana convictions, a state-funded program was also created. It provides legal aid and other services that can be used to expunge their records.
A group of House Democrats declared the formation of a cannabis work group in February. This group will help the industry grow while also meeting the equity goals set forth by the state’s 2019 legalization laws.
Rep. La Shawn Ford (D), the leader of the group, stated that empowering businesses would mean more revenue and help to achieve the goals we set for the law. “And that’s to increase employment, develop communities and reduce crime in our state.”
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