As of January 1, 2020, Illinois allows adults over the age of 21 to lawfully possess and used recreational cannabis under the Cannabis Regulation and Tax Act.  Illinois joined 10 other states (Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington) that allow the recreational use of marijuana for adults.  The issue of whether the smell of cannabis alone was sufficient for a warrantless search of a vehicle recently came before the Illinois Supreme Court in the case of People v. Hill, 2020 IL 124595 (Ill. 2020).  The defendant in the Hill case specifically requested that the Court overturn the earlier People v. Stout decision.  In reviewing the facts of Hill case, however, the Court noted that the investigating officer was not relying on the smell of cannabis alone.  That officer visibly saw a loose cannabis bud in the back seat of defendant’s vehicle and that the defendant had delayed in pulling the vehicle over at the initiation of the traffic stop.  Thus, the case had additional evidence, and not just the odor of cannabis alone, to justify the search of the vehicle.  The Illinois Supreme Court had an opportunity here to specifically uphold People v. Stout as the law of the land in Illinois.  Although some parts of the opinion […] read more