Chicago Police Can’t Search Vehicles Based on Smell of Raw Cannabis Under New Rules

Chicago Police Department (CDP) officers will not be allowed to search
vehicles based only on the smell of raw cannabis under a rule change
approved by officials on Monday, WTTW reports.

Advocates had pursued the change under a 2019 federal court order requiring
the department to reform its policies, and CPD officials agreed to the rule
change despite initial objections. The American Civil Liberties Union of
Illinois said in a Monday court filing that it “applauds” the department’s
decision last month to adopt the policy change.

The change comes despite the Illinois Supreme Court ruling in 2024 that the
smell of raw cannabis is sufficient grounds for police to conduct a vehicle
search during a traffic stop. Three months earlier, however, the same court
ruled that the smell of burnt cannabis is not sufficient grounds for
searching a vehicle without a warrant.

CPD reported conducting just 70 traffic stops based on suspected cannabis
violations from December 2024 to June 2025 — the department, however, does
not track how many traffic stops occur based on the smell of raw cannabis,
according to the report.

Adult-use cannabis is legal in Illinois; however, state law requires
cannabis to be stored in a “sealed, odor-proof, child-resistant cannabis
container” when being transported in a vehicle.