Eye On Illinois: Suggestion from state’s top court leads directly to legislative proposal

For regular readers, Senate Bill 42 doesn’t come as a surprise.

That doesn’t just apply to Eye On Illinois or Shaw Local readers, but also to those attuned to state court rulings.

On Dec. 5, the Illinois Supreme Court issued its opinion in Illinois v. Molina, a 4-2 decision affirming an appellate court ruling that a police officer who smells raw marijuana has legal grounds to search a vehicle. Shaw Local’s Emily Coleman summarized the case, which originated in Whiteside County, at tinyurl.com/PeopleVMolina.

The full opinion is at tinyurl.com/MolinaSCOILL. Justice P. Scott Neville wrote for the majority, which is fitting because he also wrote the opinion when the court ruled the smell of burnt marijuana doesn’t give probable cause for a warrantless vehicle search.

Neville said the state Vehicle Code has a “stringent ‘odor-proof’ container requirement,” while a similar clause applies to retail sales packaging. Burnt marijuana is different – the police officer here was trained to know the difference – and more akin to the smell of alcohol, which cannot justify a warrantless search.

“It is the General Assembly that makes the laws and regulates the use and possession of cannabis,” Neville wrote. “We are mindful that the legislature has considered amending the Vehicle Code, but it might also consider amending the Regulation Act, as both statutes govern how an individual may possess cannabis within a motor vehicle on an Illinois highway.”

He further said “consistency between the two laws is essential” for both marijuana users and police, thereby giving lawmakers a path and the motivation to follow.

Which brings us back to SB 42. State Sen. Rachel Ventura, D-Joliet, filed the bill Jan. 13. She issued a release saying the legislation should resolve “a conflicting directive” from the top court and relieve a burden on police officers to know the difference between two smells.

Under the plan, the legal way to transport raw marijuana in a car is a secured, sealed or resealable child restraint container. The driver or a passenger must be 21 or older. That framework is important given the legalization of recreational and medicinal marijuana, and it further moves the drug toward being treated similarly to alcohol.

SB 42 is one of seven bills currently assigned to the Senate Criminal Law Committee. Without an assessment of the bill language, impact or passage potential, it’s sufficient to note the sequence of events. As the General Assembly gradually changed legalities around marijuana it didn’t address all the potentially confusing scenarios, and once enough of that confusion landed on the Supreme Court’s dockets the justices politely requested clarity. No specific outcome, just enough agreement so cops, lawyers and judges can do their jobs efficiently.

This isn’t a surprise, it’s just good government.

• Scott T. Holland writes about state government issues for Shaw Local News Network. He can be reached at sholland@shawmedia.com.