Sangamon Sun

State Sen. Steve McClure (R-Springfield) said Democratic Senators in Springfield recently passed a measure that would prohibit the smell of marijuana from being used as probable cause to search a vehicle or its passengers.

“There are still concerns about people trafficking high amounts of marijuana that you won't be able to stop," McClure told the Sangamon Sun. “The point is that probable cause is not something that can be legislated. This is not the right place for Legislature to get involved.”

With the bill being sponsored by Democratic Sen. Rachel Ventura, lawmakers voted 33–20 to pass Senate Bill 125, which is now set to be considered by the state’s House of Representatives after supporters argued it will protect residents' rights against unreasonable searches, the Schedule 6 Foundation said in a report. 

Senate Democrats affirmed that the push for the bill stems from a Will County court case where a defendant was pulled over and arrested after the officer detected “a strong odor of burnt cannabis emanating from the vehicle," which the defendant later claimed stemmed from someone having smoked cannabis in the car “a long time ago,” the Schedule 6 article said.

When asked what he’d say to those who argue that such a law would guard against unreasonable searches, McClure said, “That’s a valid point, but there’s a balance between making sure people can do things legally versus those doing things illegally.”

Still, Illinois can’t open the floodgates to allow marijuana to flow unfettered within the state borders.

“We have to do something about people who traffic illegal amounts of the drugs across our state,” McClure added. “Any officer that pulls over a vehicle is doing so for a reason. It’s typically multiple factors that generate that.”

The bill would not change the state’s laws around impaired driving, meaning the act of operating a motor vehicle under the influence of marijuana would remain a criminal offense, with the bill stating “If a motor vehicle is driven or occupied by an individual 21 years of age or over, the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of the motor vehicle, vehicle operator, or passengers in the vehicle.”

McClure said he is concerned that the bill would set a bad precedent.

“I do believe it will set a bad precedent because probable cause should not be judged by legislation but the totality of the moment at hand,” he said.