NJ Supreme Court Condemns Vehicle Search Based On Cannabis Smell, Lawmakers Discuss Legal Market

The New Jersey Supreme Court ruled unanimously that police officers violated the Fourth Amendment when they used the smell of cannabis to search a man’s car on the New Jersey Turnpike in 2016, reported New Jersey Monitor.

The ruling permitted the man to revoke his admission of guilt concerning his weapons charge.

What Happened

In January 2016, Cornelius Cohen was stopped by the police while driving north on the New Jersey Turnpike. According to an informant, Cohen traveled south to bring guns back to New Jersey, the ruling said.

During the search, the police found a rifle and revolver in the engine compartment but no marijuana, even though the officer who stopped Cohen searched the car due to “a strong odor of raw marijuana” he smelled coming from the vehicle.

Justice Fabiana Pierre-Louis ruled that the officer should have stopped the search after he found no cannabis in the passenger compartment of the car.

“A generalized smell of raw marijuana does not justify a search of every compartment of an automobile,” she said.

Cohen accepted a plea deal on one charge of having an illegal weapon and received a five-year prison sentence.

NJ Cannabis Regulator Faces Criticism During State Senate Hearing

Meanwhile, the State Senate Judiciary Committee held a hearing on Friday to debate the challenges around implementing the adult-use cannabis law.

Legislators said the Cannabis Regulatory Commission (CRC) had manipulated rules in an effort to reinstate Curaleaf's license, which had been denied due to the closure of a growing facility, lack of transparency, and conflicts with unionization. Curaleaf CURLF was suspected of using its political connections to reverse the denial. The CRC

has also not expedited the processing of applications and burdening the cannabis industry with a great deal of bureaucracy, reported New Jersey Monitor.

Dianna Houenou, the commission’s chair, emphasized the role of CRC.

“The role of the commission, especially as a new agency standing up this industry, we inherently need to assess and understand what the demands are across the state for our patient community and our adult-use consumers, and then provide regulations and opportunities accordingly,” said Houenou.

Judiciary chair Brian Stack (D) noted that Garden State has the highest cannabis prices nationwide, reported Heady NJ.

“This and factors have pushed customers to the black market,” Stack said.

In the meantime, a number of businesses are still awaiting approval to enter the market, he continued.

“Many are still waiting months for approval costing businesses thousands of dollars in a “high-risk unpredictable regulated market,” Stack said.

Photo: Courtesy of succo, mrkukuruznik5 by Pixabay