Michigan Supreme Court Rules Cannabis Odor Alone Cannot Justify Warrantless Vehicle Searches

LANSING, MI — The Michigan Supreme Court has ruled that police officers may not conduct warrantless searches of vehicles based solely on the smell of marijuana. This decision reflects the evolving legal status of cannabis in the state and across the nation.

Cannabis Odor No Longer Equals Probable Cause

The court stated that since marijuana is legal for medical and adult-use purposes in Michigan, its odor alone is not enough to presume criminal behavior. The ruling establishes that the smell of cannabis must be considered just one factor in determining probable cause, rather than a definitive reason to initiate a search.

Decision Brings Michigan in Line with Other Legal States

This interpretation aligns Michigan with other states where cannabis is legal and courts have issued similar rulings. In Delaware, Maryland, Minnesota, Pennsylvania, and Vermont, judges have also determined that marijuana odor—without additional evidence of a crime—is not sufficient to justify warrantless vehicle searches.

Illinois Courts Issue Mixed Rulings on Cannabis Odor

While Michigan moves toward a clearer legal stance, other states remain divided. In Illinois, for example, the Supreme Court has found the smell of burnt cannabis to be insufficient cause for a vehicle search, yet considers the odor of raw cannabis to be a valid basis for probable cause.

Impact on Law Enforcement and Civil Liberties

Michigan’s ruling is expected to influence police procedures and protect individuals from unnecessary searches based solely on cannabis odor. It marks another step toward redefining how courts interpret probable cause in the age of marijuana legalization.