August 7, 2020 02:25 pm ETEstimated Read Time: 4 Minutes
Has this ever happened to you? You’re driving home in the evening, and suddenly you see flashing red and blue lights behind you that indicate you’re being asked to pull over. As you steer your car to the side of the road, your thoughts run quickly through where you’ve been and what you’ve been doing. You don’t think you’ve done anything wrong, but traffic stops can be anxiety inducing. It occurs to you that you were with friends who were smoking cannabis. Perhaps you were smoking yourself. Perhaps you have some cannabis in the car with you, or maybe the scent just lingers on your clothes. You inhale deeply, trying to discern how powerful the aroma is, and cross your fingers that the police officer won’t smell it. For many of us, that’s an all too familiar situation. But for drivers in the state of Maryland, it will no longer pose a concern. That’s because conducting searches and arrests based on the smell of cannabis has just been ruled illegal.
The Status of Cannabis Legality in Maryland
As in many other states, the issue of whether someone in Maryland who has been partaking of cannabis has broken any laws is not black and white. Recreational cannabis remains illegal in Maryland, though it has been decriminalized. But the state has a successful medical cannabis program that has blossomed over the years. It is certainly feasible, therefore, that someone in Maryland might have cannabis in their car without being in violation of any laws.
There is precedent for the idea that the smell of cannabis does not offer probable cause for police to search a vehicle. A judge in Pennsylvania ruled similarly last year, dismissing a case because the evidence against the defendant had been gathered without cause—via an unwarranted search of his vehicle. As the judge in that case pointed out, the smell of cannabis in a state where it has been decriminalized and made medically legal is not conclusive evidence of a crime and therefore provides no cause for a search.
Apply For Your Medical Marijuana Card Today
Veriheal has satisfied hundreds of thousands of patients nationwide
Get approved or your money back
Appointments available on-demand
Customer support available 24/7
The Case That Drew Attention
The issue came to light in Maryland because of the case of a Baltimore man. Rasherd Lewis was apprehended in a store after police registered the scent of cannabis on him. A search of his person revealed that he was carrying a handgun for which he did not have a license. He was also carrying a small amount of cannabis in his pocket—enough that he would likely have been fined, but not enough that he would have been charged with a crime.
The cannabis may not have spelled trouble for Lewis, but the handgun did. He was sentenced to three years in prison for possession of a firearm. The state argued that using the odor of cannabis as probable cause for the search paid off in this case, leading them to discover the weapon. But Lewis appealed the ruling on the grounds that the odor should not have been considered probable cause—and he won his appeal. Now it is likely that the conviction against him will be vacated.
Know Your Rights
There is a history of law enforcement officers using the smell of cannabis to justify searches. We’ve discussed the laws of Maryland and Pennsylvania here, but cannabis users should familiarize themselves with the laws in their state. Know your rights and inform yourself as to what you should do if you’re stopped by police while you’re carrying cannabis. As our country moves toward legalization, don’t be cavalier about smoking where the smell can be detected or going out with the scent of cannabis on your clothes. Even if you’re completely in the right legally, it’s always a good idea to protect yourself from suspicion and to stay safe!
Kat Helgeson comes from a ten year career in social media marketing and content creation. She takes pride in her ability to communicate the culture and values of an organization via the written word. Kat is also the author of numerous books for young adults. Her titles have received the Junior Library Guild Award, the Bank Street College of Education Best Books of the Year Distinction, and been featured on the Illinois Reads selection list. Her work has been translated into Dutch and German.
When you take a dab, you’ll notice a dark, sticky residue left over in your dab rig. This substance is called reclaim, and yes, you can dab reclaim. But what is cannabis reclaim? And is it safe to dab? What is Reclaim? Can You Dab Reclaim? How to Collect Reclaim from a Dab Rig Health…
With its own set of terms and practices distinct from other forms of cannabis, the intricate world of cannabis concentrates—sometimes called extracts—can be overwhelming. A concentrate is a highly potent concentrated cannabis product made by extracting terpenes and cannabinoids (think THC) from cannabis plant material. While there are multiple ways to consume concentrates, the most…
So you love smoking cannabis, but you’re tired of the same ole rolling papers. Perhaps you feel like you’ve graduated from dumping out the tobacco and shoving weed into an empty cigarette. Maybe you’ve recently learned about the potential dangers and risks associated with tobacco blunt wraps and want a healthier option. Let’s explore some…
When you decide that you are going to dabble in cannabis cultivation, you have many different decisions to make. You’ll have to decide whether you’re growing indoors or outdoors, as well as in soil, or the route of hydroponics. You’ll also have to pick what type of planters to use, what grow medium to use,…
Professional wrestling legend Terry Gene Bollea, also known as Hulk Hogan, recently mentioned how CBD has helped him deal with addiction. In an interview with Muscle & Health magazine, he revealed that he has swapped opioids and alcohol for CBD. Worthy of note is that the therapeutic value of CBD is being studied for substance…
We use our own as well as third party cookies to improve your site experience and the services we make available. You can learn more about our use of cookies in our Privacy Policy.
Content Disclamer
The statements made regarding cannabis products on this website have not been evaluated by the Food and Drug Administration (FDA). Cannabis is not an FDA-approved substance and is still illegal under federal law. The information provided on this website is intended for educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease. It is not intended as medical advice and should not be considered as a substitute for advice from a healthcare professional. We strongly recommend that you consult with a physician or other qualified healthcare provider before using any cannabis products. The use of any information provided on this website is solely at your own risk.