New Bill Prevents MO Police from Using Marijuana Odor in Searches
- A bill has been pre-filed by Missouri lawmaker Rep. Ian Mackey for the 2024 session, aiming to prohibit police from using the odor of marijuana as the sole reason for a warrantless vehicle or property search. An earlier version of this bill was filed in 2021 but did not advance out of committee.
- The proposed law is in line with the state’s voter-approved cannabis legalization and follows similar measures enacted by other states such as Maryland and New Jersey. The legislation text declares that “the odor of marijuana alone shall not provide a law enforcement officer with probable cause to conduct a warrantless search of a motor vehicle, home, or other private property.”
- The legalization of cannabis in Missouri has also resulted in more than 100,000 marijuana cases being expunged from court records. Moreover, by November 2023, marijuana sales in the state had crossed the $1 billion mark, which included both adult-use and medical marijuana. The state has allocated $17 million of the tax revenue from these sales to fund veterans health, drug treatment, and legal aid.
Missouri Bill Aims to Prohibit Marijuana Smell-Based Searches
A Missouri lawmaker, Rep. Ian Mackey, has introduced a bill for 2024 to bar police from using marijuana odor as the only reason for a warrantless car or property search. The legislation expands on the state’s voter-approved cannabis legalization law, reflecting similar reforms in states like Maryland and New Jersey.
Mackey had submitted a previous version of the bill in 2021, which failed to progress beyond committee. The new proposition specifies that “the odor of marijuana alone cannot provide a law enforcement officer with probable cause to conduct a warrantless search of a motor vehicle, home, or other private property.”
Several states with legal cannabis have imposed similar restrictions on police. For example, Maryland has prohibited warrantless vehicle searches based on marijuana odor. Similarly, New Jersey’s Supreme Court has supported comparable rules in a recent case.
Missouri’s application of a 2022 legalization law has also resulted in the clearance of over 100,000 marijuana cases from court records. As of November, marijuana sales in Missouri surpassed $1 billion for 2023, incorporating both adult-use and medicinal marijuana.
The state announced that $17 million of the tax revenue will be allocated to veterans health, drug treatment, and legal aid. Meanwhile, controversy has arisen following the recall of tens of thousands of products due to alleged illegal use of hemp-derived cannabinoids. This led to the revocation of Delta Extraction’s business license.
Recently, Retailer Point Management, trading as Shangri-La, resolved a labor dispute containing 15 charges of unfair labor practices. This exemplifies a wider effort by cannabis employees to unionize the industry.
Two Missouri Republicans have also proposed bills to legalize medical use of psilocybin and mandate clinical trials to examine the psychedelic’s therapeutic potential.
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