ANNAPOLIS, Maryland - A renewed effort to make the smell of marijuana a probable cause for a police search in Maryland is gaining traction with the support of most Eastern Shore lawmakers.
A bill, known as the "Drug Free Roadways Act," will get a hearing in the Maryland Senate early next month. If passed, it would once again allow police officers to use cannabis odor as the sole reason to stop or search a vehicle, a justification that was removed by lawmakers just last year.
Some local law enforcement officials argue that the removal of this justification has hindered their ability to enforce the law effectively. Worcester County Sheriff Matt Crisafulli emphasizes the importance of such legislation, stating, "This type of bill is critical for moving law enforcement back into a position where we can search more vehicles because it's not just with the odor of cannabis. That is the window into a vehicle."
However, the American Civil Liberties Union (ACLU) of Maryland's Policy Director, Yanet Amanuel, has raised concerns about the use of cannabis odor as the sole basis for searches. She says, "Marijuana odor stops and searches not only pose a serious risk to people's Fourth Amendment rights, but they also enable racial profiling and dangerous and unnecessary police interactions."
Sheriff Crisafulli says the presence of cannabis odor has led deputies to discover illegal drugs and weapons, saying, "We were able to make quite a few seizures of fentanyl, heroin, cocaine, different substances, based on that odor."
Even with cannabis odor being removed as the sole probable cause for vehicle stops and searches, the odor can still currently be used in addition to other probable causes. Amanuel says, "The law makes it explicit that the odor of cannabis can make it part of the totality of circumstances to support an officer's observations of suspected impairment, but the odor of marijuana cannot be the sole basis for the stop..
