Marijuana Odor? Not Enough For Car Searches, Rules Minnesota Supreme Court

In a pivotal ruling, the Minnesota Supreme Court declared that the mere smell of marijuana is not enough justification for police to search a vehicle.

According to the Minnesota Reformer, this decision goes back to 2021 when Adam Torgerson was pulled over for a vehicular infraction in Litchfield, MN.

Alleging marijuana odor from his car, police officers conducted a search and uncovered traces of methamphetamine. The justification for the search was the supposed aroma of marijuana.

Related Content: Cannabis Odor Sparks Legal Battle Impacting California Real Estate, Lawsuit Alleges Nuisance

Legal Context: A Gray Area

Initially, the district court discarded the evidence, considering the evolving status of marijuana laws. By 2021, Minnesota recognized medical marijuana and specific hemp varieties as legal, while small amounts of marijuana possession were considered a statutory violation, not criminal.

Despite the state's attempt to challenge this stance, the Supreme Court upheld the district court's perspective.

Justice Anne McKeig drew parallels to a past judgment stating that the mere scent of alcohol doesn't suffice for a car search. She emphasized that since marijuana had partial legalization in 2021, its smell shouldn't singularly dictate probable cause.

Related Content: Woman Who Sued Neighbor Over Marijuana Odor Wins As Judge Rules Pot Smell Creates A Private Nuisance

However, the ruling wasn't unanimous. Chief Justice Laurie Gildea pointed out that many might naturally link marijuana's smell to its presence due to its contraband classification.

Interestingly, Minnesota's decision didn't consider legal updates like the 2022 approval of specific THC products.

The judgment could signify more than just legal parameters; it accentuates broader discussions on civil liberties and racial justice.

Related Content: Wait Officer! Weed Smell Might No Longer Be Cause For Vehicle Search In IL With This Bill Passing Senate

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Posted In: CannabisGovernmentNewsRegulationsPoliticsMarketsGeneralAdam TorgersonAnne McKeigBenzinga Cannabis Capital Conferencecannabis odorLaurie GildeaLitchfieldMinnesota cannabisMinnesota Cannabis OdorMinnesota Supreme Court
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