What Illinois Courts Say About the Odor of Marijuana and Probable Cause under the Automobile Exception

Overview

Illinois residents aged 21 or older may legally possess up to 30 grams of cannabis (marijuana). However, cannabis may not be used in a motor vehicle, nor be accessible to car occupants. The Illinois Supreme Court has held that raw cannabis alone provides probable cause for search under the automobile exception, while burnt does not. The odor of raw cannabis emanating from a vehicle infers a violation of the statutory requirement that it be stored in an odor-proof, child-resistant sealed container. Burnt cannabis alone is not probable cause, but may be one factor among others contributing to the totality of the circumstances. Illinois courts have looked at how officers’ training and experience supports their ability to distinguish between burnt and raw odors.

Probable Cause and the Automobile Exception

The Fourth Amendment to the U.S. Constitution “provides the same level of protection as the search-and-seizure provision in the Illinois Constitution.” Under the automobile exception, police “may undertake a warrantless search of a vehicle if there is probable cause to believe that [it] contains evidence of criminal activity that the officers are entitled to seize.” Probable cause is the “fair probability that contraband or evidence of a crime will be found in a particular place,” considering “the events leading up to the search or seizure . . . viewed from the standpoint of an objectively reasonable law enforcement officer.” “[I]n deciding whether probable cause exists, a law enforcement officer may rely on training and experience to draw inferences and make deductions that might well elude an untrained person.” “[I]f an officer has probable cause to search a vehicle for cannabis, then [he or she] is permitted to search any container that could reasonably contain improperly stored cannabis” in violation of Illinois law.

Legal State of Cannabis in Illinois

An Illinois resident may possess up to: (1) thirty grams of cannabis flower; (2) 500 milligrams of THC in cannabis-infused products; and (3) five grams of cannabis concentrate.” A non-Illinois resident may possess half of these amounts. Cannabis may not be used in a motor vehicle, and must be stored “in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving.” In a vehicle on a highway (defined as any public way), cannabis must be “in a secured, sealed or resealable, odor-proof, child-resistant cannabis container” inaccessible to all occupants.²

Illinois Supreme Court: The Odor of Raw Cannabis is Probable Cause; Burnt is Not

In People v. Redmond (2024), the Illinois Supreme explained that “the odor of burnt cannabis in a motor vehicle, standing alone, is not a sufficiently inculpatory fact that reliably points to” when, where, and by whom the cannabis was used. Yet, “the odor of [burnt] marijuana may be considered as part of the probable cause calculus,” as “one of the circumstances in the totality of circumstances analysis.” In Redmond, police stopped a vehicle on an interstate based on improper license plate display and traveling 3 miles over the speed limit. The car search was based on (1) smelling burnt cannabis; (2) the driver’s evasive answer to where he lived and purpose for traveling on (3) Interstate 80, which travels from Des Moines to Chicago, considered “hubs of criminal activity;” and (4) his failure to produce license and registration. One gram of cannabis in a plastic bag was found in the center console. the Illinois Supreme Court held that there was no probable cause, concluding: “probable cause does not exist based on the smell of burnt cannabis alone.”

People v. Molina (2024) began with a traffic stop for speeding, where police detected the “strong odor of fresh [raw] cannabis” coming from the vehicle. Search of the car revealed “rolled joints in a small cardboard box in the center console” and “cannabis in a clear plastic container with an attached and sealed lid in the glove box.” The Illinois Supreme Court held probable cause existed where “the officer’s training and experience would create at least a reasonable belief or fair probability that raw cannabis was in the vehicle stored in a container that was not odor-proof.”

Illinois Appellate Courts Cases

Illinois Appellate Court is organized into 5 districts; the first district has 6 divisions, and the other 4 have 1 division each. A sample of appellate court cases turning on probable cause under the automobile exception, amid the odor of marijuana, are summarized below.

First District

In People v. Eubanks (2024), a police cruiser turned on its emergency lights and approached a vehicle illegally parked in a bus lane. When the driver rolled down his window, officers detected the odor of burnt cannabis. The driver did not have a license, only state identification. While one officer detained the driver in the cruiser, another officer began searching the car, and discovered a “handgun in a concealed compartment.” The Court held that probable cause was not established by the odor of burnt cannabis. The defendant’s motion to suppress was granted, and his conviction for unlawfully possessing the firearm was reversed.

People v. Burton (2025) held there was no probable cause where (1) the car did not pull over for a full block (around 8 seconds) after the cruiser activated its overhead lights; thereafter police (2) smelled burnt cannabis; and (3) viewed a square plastic bag on the vehicle floor. Police had pulled over a vehicle observed cutting through a parking lot, with a large windshield crack as well as both a headlight and taillight out. While one officer asked the driver what the plastic bag was for, another officer “had already opened the passenger side door and was leaned inside the vehicle conducting a search with his flashlight.” Although the search revealed a firearm, the defendant’s motion to suppress was granted, and his conviction for unlawful possession of a weapon was reversed.

In People v. Cooks (2026), police observed a Jeep parked around 12 inches from a snowy curb, in front of an auto body shop, potentially obstructing the traffic flow. An officer judged this as a traffic violation and pulled up next to the Jeep. The driver then “shifted from side to side, pulled his lower body up and away from the seat, and then sat back down.” Police described this as furtive (suspicious) movements, perhaps an attempt to hide something after seeing the marked squad car. The Court held that probable cause was established by the (1) odor of burnt cannabis; (2) driver’s furtive movements; and (3) passenger’s admission to having “recently used cannabis.” Alone, none of these factors establish probable cause; but together, “were mutually corroborating” to demonstrate a fair probability of cannabis use inside the vehicle. The car search revealed an unlawfully possessed loaded firearm under the driver’s seat cover.

Second District

In People v. Garcia (2025), police stopped a car driven by its 19-year-old owner, for failure to use a turn signal. The officer was familiar with the driver due to previous police contact, including for burglary and gang activity. Although the driver produced his license and registration without incident, running his tag confirmed prior criminal history. A K-9 search was performed, alerting to the driver’s side. The officers’ search revealed a small amount of raw cannabis in a plastic bag in the door pocket, and a loaded handgun under the driver’s seat. The Court recounted that a K-9 “sniff is up to snuff” where “all the facts surrounding a dog’s alert, viewed through the lens of common sense, would make a reasonably prudent person think that a search would reveal contraband or evidence of a crime.” Moreover, the driver (1) was not permitted to possess any cannabis, even if stored correctly, because he was under 21; and (2) had a history including gang affiliation, of which the officer was aware. All of these facts, including the K-9 alert, formed part of “the totality of the facts and circumstances” supporting probable cause.

Third District

People v. Knapp (2024) held that probable cause existed where (1) the driver stated that there was cannabis in a bag in the vehicle; while police observed (2) cannabis “shake” in the center console and floor in plain view; and (3) the odor of raw cannabis. Upholding the search, which followed a traffic stop for speeding, the Court noted that the officer “had experience and training with cannabis detection, including the odor of cannabis.”

Fourth District

In People v. Chapman (2025), police observed a vehicle with a California tag, cut off a semi-truck while changing lanes on the interstate. Probable cause existed where officers (1) viewed “leafy green substance” on the passenger-side floor identified as raw cannabis “shake;” and (2) smelled raw cannabis; while (3) the driver stated he smoked cannabis earlier that day. The search revealed a loaded handgun and 480 grams of cocaine in a duffel bag in the trunk. The Court held (1) reasonable suspicion existed to stop the car for tailing another vehicle too closely and changing lanes too quickly; (2) extending the traffic stop, to ask about the rental agreement and look up a statute, was lawful; and (3) probable cause existed to search, which extended to the trunk.

People v. Hoskins (2025) held that “a positive alert by a drug detection dog provides probable cause for the search of a vehicle.” A police investigator had observed a truck passenger repeatedly go back and forth from the vehicle into a bar. Police pulled over the truck for failure to have a lit rear registration light. Although officers detected no odor of cannabis nor observed any contraband, a K-9 conducted a free-air sniff and alerted to the passenger door. The subsequent search revealed methamphetamine under the driver’s seat.

Fifth District

People v. Beard (2025) tried Michelle Beard, the passenger in a rental car driven by her boyfriend, Melvin Woolfolk, the defendant in People v. Woolfolk (2025). Police initiated a traffic stop of a vehicle traveling 6 miles over the speed limit on an interstate. Officers “detected a strong odor of raw cannabis,” and saw a closed yet unsealed glass jar of cannabis—that appeared to be from a dispensary—in the center console area. Before producing her license, the passenger used a bottle of water to wash her hands, stating they were sticky from eating chicken. Upon patting down the driver, over $5,000 cash was found in his pocket. While the driver stated they were going to buy a car near Charleston, the passenger claimed to be heading to Effingham to visit her boyfriend’s cousin.

The Court recounted: “The odor of raw cannabis coming from a vehicle being operated on an Illinois highway, alone, is sufficient to provide police officers, who are trained and experienced in distinguishing between burnt and raw cannabis, with probable cause.” Specifically: “The odor of raw cannabis provides a reason for an officer to suspect that cannabis has not been stored properly in a vehicle traveling on a highway.” Notably: “A broken seal alone may not provide probable cause to search a vehicle if the cannabis was in a ‘resealable’ container.” Yet, in Beard and Woolfolk, police also (1) smelled raw cannabis; and (2) observed it accessible to occupants. The officer testified to having around 100 hours of training focused on narcotics interdiction. Under the passenger carpet, in an area apparently created through tampering, police found over 430 grams of methamphetamine worth $43,000 and 27 grams of fentanyl worth $7,000. The jury trial found both occupants guilty of methamphetamine conspiracy and possession with intent to deliver, under a theory of constructive possession.

Conclusion

Illinois courts have held the odor of raw cannabis may provide probable cause; the odor of burnt cannabis does not, but may be one factor among others contributing to the totality of the circumstances. Courts examine officers’ training and experience in considering their ability to distinguish between raw or burnt cannabis odors.

1. “[I]t it is legal for an Illinois citizen who is over the age of 21 to use or possess up to 30 grams of cannabis.” People v. Molina, 266 N.E.3d 1031, 1040 (2024) (citing 410 Ill. Comp. Stat. 705/10-10(a)).
2. “No driver may possess cannabis within any area of any motor vehicle upon a highway . . . except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible.” 625 Ill. Comp. Stat. 5/11-502.15(b). “No passenger may possess cannabis within any passenger area of any motor vehicle upon a highway  . . . except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible.” Id. § (c).
3. “The smell of raw cannabis reliably indicates that cannabis is present and, obviously enough, is not in an ‘odor proof’ container. That is why the smell of raw cannabis alone provides probable cause for a vehicle search.” People v. Cooks, No. 232112 at ¶ 36 (Ill. App. 1st Dist. 2nd Div. 2026).
4. “The odor of raw cannabis strongly suggests that the cannabis is not being possessed within the parameters of Illinois law.” Molina, 266 N.E.3d at 1043.
5. Molina, 266 N.E.3d at 1042 (“[A]n officer trained to distinguish between burnt and raw cannabis, smelled the odor of raw cannabis coming from the vehicle, and the officer’s training and experience would create at least a reasonable belief or fair probability that raw cannabis was in the vehicle stored in a container that was not odor-proof.”).
6. People v. Woolfolk, 269 N.E.3d 55, 69 (Ill. 5th DCA 2025); see also Ill. Const., art. I, § 6 (“The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications.”).
7. “One well-established exception [to the warrant requirement] is for searches of [readily mobile] automobiles,” requiring probable cause. State v. Redmond, 248 N.E.3d 1026, 1032 (2024) (citing Carroll v. United States, 267 U.S. 132, 156 (1925); People v. Webb, 234 N.E.3d 87, 94 (2023)).
8. “[P]robable cause requires only a probability or substantial chance of criminal activity, not an actual showing of such activity.” State v. Redmond, 248 N.E.3d 1026, 1032 (2024) (quoting Illinois v. Gates, 462 U.S. 213, 238 (1983)).
9. “An action is ‘reasonable’ under the fourth amendment, ‘as long as the circumstances, viewed objectively, justify [the] action’ regardless of the state of mind of the officer.” People v. Beard, 269 N.E.3d 76, 90 (Ill. App. 5th Dist. 2025) (quoting Brigham City v. Stuart, 547 U.S. 398, 404 (2006)).
10. “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.” Beard, 269 N.E.3d at 91–92 (quoting United States v. Ross, 456 U.S. 798, 825 (1982)).
11. 410 Ill. Comp. Stat. 705/10-10(a)(1)-(3) (limits on possessing cannabis by Illinois residents aged 21 or older).
12. A non-Illinois resident aged 21 or older may possess 15 grams of cannabis flower, 2.5 grams of concentrate, and 250 mgs of THC in cannabis-infused product. 410 Ill. Comp. Stat. 705/10-10(b).
13. “No driver may use cannabis within the passenger area of any motor vehicle upon a highway in this State.” 625 Ill. Comp. Stat. 5/11-502.15(a). “Any person who knowingly violates subsection (a), (b), or (c) of this Section [storage requirements for marijuana in a vehicle] commits a Class A misdemeanor.” Id. § (d).
14. Cannabis may not be possessed in a vehicle unless “in a reasonably secured, sealed or resealable container and reasonably inaccessible while the vehicle is moving.” 410 Ill. Comp. Stat. § 705/10-35(a)(2)(D), (5).
15. “‘Highway’ is defined, in short, as any public way.” Cooks, at ¶ 39; see also 625 Ill. Comp. Stat. 5/1-126.
16. State v. Redmond, 248 N.E.3d 1026 (Ill. App. 3d Dist. 2024) (No probable cause where the driver (1) traveled on a “drug-trafficking corridor” interstate between Chicago and Des Moines; (2) failed to produce his license; (3) “did not provide direct answers” to where he lived and his travel purpose; and (4) smelled like burnt cannabis).
17. The Court explained that failure to produce a license did not contribute to probable cause to search because it did not make it more likely that evidence of the suspected crime would be found. Id. at 1040.
18. People v. Molina, 266 N.E.3d 1031 (2024) (“[T]he odor of raw cannabis coming from a vehicle being operated on an Illinois highway, alone, is sufficient to provide police officers, who are trained and experienced in distinguishing between burnt and raw cannabis, with probable cause to perform a warrantless search of a vehicle.”).
19. Illinois Courts, Appellate Court General Information.
20. People v. Eubanks, 255 N.E.3d 378 (Ill. App. 1st Dist., 3rd Div. 2024) (There was “no justification for the officers’ search aside from the odor of burnt cannabis, and . . . that alone is insufficient to establish probable cause.”).
21. People v. Burton, No. 230523 (Ill. App. 1st Dist. 3d Div. 2025) (No probable cause where (1) car did not pull over for a full block (around 8 seconds) after cruiser activated overhead lights; thereafter police (2) smelled burnt cannabis; and (3) viewed a square plastic bag on the vehicle floor.).
22. People v. Cooks, No. 232112 (Ill. App. 1st Dist. 2nd Div. 2026) (Probable cause existed based on the (1) odor of bunt cannabis; (2) driver’s fidgeting as though he may be trying to hide something upon seeing the police; and (3) passenger’s admissions to having “just smoked cannabis.”).
23. Id. at ¶ 52 (“The smell of burnt cannabis made it reasonably likely that the defendant was trying to hide evidence of recent cannabis use. His attempt to hide something from the police, in turn, made it reasonably likely that the smell of burnt cannabis in the Jeep was the result of imminent use” there).
24. People v. Garcia, 270 N.E.3d 436 (Ill. App. 2nd Dist. 2025) (Probable cause existed amid (1) a K-9 alert; where the driver (2) was not permitted to possess any cannabis, even if stored correctly, because he was under 21; and (3) had a history including gang affiliation, of which the officer was aware).
25. Citing Florida v. Harris, 568 U.S. 237, 248 (2013) (A K-9 alert provides probable cause where “all the facts surrounding a dog’s alert, viewed through the lens of common sense, would make a reasonably prudent person think that a search would reveal contraband or evidence of a crime. A sniff is up to snuff when it meets that test.”).
26. People v. Knapp, No. 230140 (Ill. App. 3d Dist. 2024) (Probable cause existed where (1) the driver stated there was cannabis in a bag in the car; and police observed (2) cannabis in plain view; and (3) “the odor of raw cannabis.”).
27. People v. Chapman, No. 241303 (Ill. App. 4th Dist. 2025) (Probable cause existed where (1) the driver stated he smoked cannabis earlier that day; while police observed (2) “shake” on the passenger floor; and (3) raw cannabis odor.
28. A car changing lanes must display a turn signal for 100 feet in “a business or residence district” or 200 feet otherwise. 625 Ill. Comp. Stat. 5/11-804. “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed . . . and the traffic.” 625 Ill. Comp. Stat. 5/11-710(a).
29. Police identified it as raw because it was “still green and when cannabis is burned, it turns black.” Chapman, at ¶ 13.
30. Aside from “possession of a controlled substance with intent to deliver,” the driver was charged with armed violence for possessing a firearm while committing a felony. Chapman, at ¶ 5; see also 720 Ill. Comp. Stat. 5/33A-2(a).
31. “Reasonable suspicion to conduct a traffic stop requires a showing that the totality of the facts and circumstances known to the officer at the time of the stop would justify a reasonable person in believing a violation of the law has occurred.” Chapman, at ¶ 57.
32. People v. Hoskins, No. 240991 (Ill. App. 4th Dist. 2025) (While the totality of the circumstances still governs, “a positive alert on a vehicle by a drug detection dog provides probable cause for a search.”).
33. “Either a tail lamp or a separate lamp shall . . . illuminate with a white light a rear registration plate when required and render it clearly legible from a distance of 50 feet.” 625 Ill. Comp. Stat. 5/12-201.
34. People v. Beard, 269 N.E.3d 76 (Ill. App. 5th Dist. 2025) (Probable cause was established where “the police officer observed a jar of cannabis during the traffic stop,” accessible to the occupants, and smelled raw cannabis).
35. People v. Woolfolk, 269 N.E.3d 55 (Ill. App. 5th Dist. 2025) (trying the driver of the vehicle in Beard).
36. “A pat-down search for weapons may be completed by an officer that reasonably believes a person is armed and dangerous.” Beard, 269 N.E.3d at 93 (citing People v. Moss, 842 N.E.2d 699, 705 (2005)).
37. In Illinois, methamphetamine conspiracy consists of (1) intent to violate the Methamphetamine Control and Community Protection Act (2) agreement with one or more individuals to violate the Act; and (3) “the person or any party to the agreement commits an act in furtherance of the agreement.” 720 Ill. Comp. Stat. 646/65(a).
38. Factors relevant to “intent to deliver [may] include whether the quantity . . . is too large for personal consumption, [its] purity,” the “possession of weapons” or “large amount of cash, possession of drug paraphernalia, and how the substance is packaged.” Beard, 269 N.E.3d at 94 (citing People v. Robinson, 657 N.E.2d 1020, 1026–27 (1995).
39. “Constructive possession exists when there is intent and capability to maintain control and dominion . . . Hiding drugs to avoid detection indicates an intent to exercise control over them.” Beard, 269 N.E.3d at 94; Woolfolk, 269 N.E.3d at 75 (citing People v. McLaurin, 772 N.E.2d 296, 300–01 (2002)).
40. “The Redmond court acknowledged that the smell of burnt cannabis provided reasonable suspicion warranting further investigation,” but not probable cause for search. People v. Eubanks, 255 N.E.3d 378, 383 (2024).
41. While the totality of the circumstances still governs, “the odor of raw cannabis coming from a vehicle being operated on an Illinois highway, alone, is sufficient to provide police officers, who are trained and experienced in distinguishing between burnt and raw cannabis, with probable cause.” People v. Molina, 266 N.E.3d 1031, 1044 (2024).