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Will County Gazette

Friday, April 19, 2024

Connor's bill: Weed odor not enough for vehicle search

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Sen. John Connor | senatorconnor.com

Sen. John Connor | senatorconnor.com

State Sen. John Connor (D-Crest Hill) has introduced a bill that would amend the Illinois Vehicle Code to provide that the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of a motor vehicle.

The amendment proposed by the Democrat does not make it legal to consume cannabis while driving on a highway or even having it exposed. It only affects whether a vehicle can be searched simply because of a cannabis odor.

If enacted, the vehicle code would be amended by changing Section 11-502.15 to reflect the following statutes:

A) No driver may use cannabis within the passenger area or any motor vehicle upon a highway in this state.

B) No driver may possess cannabis within any area of any motor vehicle upon a highway in this state except in a secured, sealed or re-sealable, odor-proof, child-resistant cannabis container that is inaccessible.

C) No passenger may possess cannabis within any passenger area of any motor vehicle upon a highway in this state except in a secured, sealed or re-sealable, odor-proof, child-resistant cannabis container that is inaccessible.

D). Any person who knowingly violates subsection A), B) or C) of this section commits a Class A misdemeanor.

E) The odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of a motor vehicle.

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