Ohio Judge Rules Marijuana Smell Alone Not Enough to Justify Car Search, Despite Federal Crime
A recent Franklin County case has raised questions about whether police can search a car based solely on the smell of marijuana, even though the drug is legal in Ohio. Columbus police stopped a vehicle on October 2 after the driver violated a city traffic ordinance. During the stop, officers reported smelling raw marijuana and searched the car, discovering multiple explosive devices.
The driver, a 29-year-old, was charged with two felonies for possession of a dangerous ordnance and possessing or manufacturing explosives. His attorney filed a motion to suppress the evidence, arguing that since marijuana is legal in Ohio, the smell of marijuana alone is not enough to justify a search.
Prosecutors countered that possession of marijuana is still a federal crime, and Columbus police have the authority to enforce federal laws. Franklin County Common Pleas Court Judge Mark Serrott ultimately ruled in favor of the prosecution, finding that the search was legal due to the driver’s suspicious behavior, including lying about having marijuana in the car and getting out of the vehicle before officers approached.
The judge noted that the decision was a close call and encouraged an appeal to provide further legal clarity on the state and federal search issues. The case will be heard by the 10th District Court of Appeals if the driver’s attorneys decide to appeal.
