CHICAGO — The Chicago Police Department (CPD) has announced major policy changes regarding how officers conduct investigatory stops and protective pat downs in cases involving cannabis, following mounting legal pressure and conflicting court decisions.
Policy Shift Follows ACLU Motion and Consent Decree Review
The change comes after a legal motion filed by the American Civil Liberties Union of Illinois (ACLU-IL), which urged CPD to revise its practices in accordance with a pre-existing Consent Decree — a court-enforced agreement designed to bring sustainable police reforms.
As highlighted by the Illinois News Joint, the motion followed two opposing rulings by the Illinois Supreme Court:
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In People v. Redmond (2024), the court ruled that burnt cannabis odor alone does not justify a warrantless vehicle search.
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In People v. Molina (2024), the court upheld that raw cannabis odor could support probable cause, but only under strict conditions.
Key Highlights from CPD’s Updated Guidelines
The revised policies now set clearer boundaries on when officers may initiate stops, searches, or pat downs related to cannabis. Major changes include:
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Pedestrians and bicyclists cannot be stopped or searched solely based on the smell of raw or burnt cannabis.
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Officers may not pat down or search a driver or vehicle occupant based only on cannabis odor.
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Vehicles cannot be stopped merely due to the odor of cannabis (burnt or raw).
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Vehicle searches are not allowed based solely on burnt cannabis odor, aligning with Redmond.
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Vehicle searches for raw cannabis are allowed in limited situations, such as when a stop is made for an unrelated legal reason and an officer then detects improperly packaged cannabis.
Officers may still conduct a search if the driver gives clear consent, though the ACLU-IL is pushing for CPD to ban consent-based searches triggered by cannabis odor altogether.
Proposed State Law Could Further Restrict Odor-Based Searches
To codify these limits, ACLU-IL and supporting lawmakers are backing House Bill 0042, sponsored by State Sen. Rachel Ventura. The bill would ban police from stopping or searching a car solely because of cannabis odor, regardless of whether the product is raw or burnt.
The bill remains stalled in the Rules Committee, but advocates hope to revisit it during the fall veto session.
“We need to remove the ambiguous ‘odor-proof container’ clause from state law,” ACLU-IL stated in public comment, arguing that current rules perpetuate unconstitutional search practices.
Do you think cannabis odor should be cause for police searches? Tell us your take at ChicagoSuburbanFamily.com.
