A recent court ruling in Maryland has clarified the circumstances under which a police search of a vehicle can be justified based on the smell of cannabis. The Appellate Court of Maryland has ruled that the smell of cannabis alone is not sufficient grounds for a search, but it can be combined with other factors, such as the knowledge that the occupants of the vehicle are under the age of 21.
The ruling came in the case of two teenagers who were pulled over by police in separate incidents in 2023 and 2024. In both cases, the officers reported smelling cannabis and subsequently searched the vehicles. The searches resulted in the discovery of firearms and cannabis, leading to the convictions of the teenagers for underage possession of a firearm and cannabis.
The teens argued that the searches were illegal because they were based solely on the smell of cannabis, which is not sufficient grounds for a search under Maryland law. However, the court disagreed, finding that the searches were justified because the officers also knew that the occupants of the vehicles were under the age of 21, which is illegal to possess cannabis.
The court’s decision was based on the fact that Maryland law prohibits a search based solely on the smell of cannabis, but it does not prohibit a search if there is another factor present, such as the knowledge that the occupants are under 21. The court also noted that the General Assembly’s intent behind the law was to protect people from racial profiling, but it did not intend to limit all searches involving the smell of cannabis.
The ruling has implications for police searches in Maryland and could potentially be appealed to the Supreme Court of Maryland. The Maryland Attorney General’s Office declined to comment on the ruling, while attorneys for the teens did not immediately respond to requests for comment.
In summary, the court’s decision allows police to search a vehicle where they smell cannabis if there is another factor present, such as the knowledge that the occupants are under 21. This ruling could potentially lead to more searches being conducted in Maryland, particularly in cases where there is a strong suspicion that the occupants are under the age of 21.
