The Court in Illinois, a legal state, makes a key ruling about cannabis

With over 50% of the population in the US and 100% in Canada having access to legal cannabis, there has been some changes. All age groups are embracing it, including Boomers who are using it in bigger numbers for its medical benefits. Beer sales are down as people are embracing vapes and gummies over calorie filled and hangover inducing beer.  And the are figuring out how to keep people from driving under the influence. Now, a state court makes key ruling about marijuana which differentiates it again from alcohol.

Law enforcement has treated cannabis like alcohol regarding driving under the influence. The smell of either gives probable cause, but now, for marijuana it is under doubt.  The Drug Enforcement Agency (DEA) is very slow walking a decision about rescheduling cannabis. Part of the reason for the DEA is to combat marijuana and rescheduling would change a focus.  Several sources say the agency is not keen on the change and hopes by delaying action until after the election, they may be given a pass.  But this court ruling adds more pressure.

The ruling stemmed from a 2020 case in which Ryan Redmond was pulled over by Illinois State Police on Interstate 80 in Henry County. According to court records, Redmond’s license place was not properly secured to the vehicle and he was driving 3 miles over the speed limit.

The trooper allegedly smelled marijuana coming from inside the car, and subsequently found a small amount of cannabis inside. Redmond was charged with a misdemeanor for transport of cannabis.

Redmond exhibited no signs of impairment, leading Neville to opine that the trooper’s “reasonable suspicion” would not have advanced to a “probable cause search.”

The court ruled the smell of cannabis doesn’t provide probably cause, unlike the smell of alcohol on the breath.

This court’s ruling could have an impact on federal law. Currently, there isn’t a fully reliable way to test people with data, like an alcohol breath analyzer.  The next step in how the state adjusts will likely by copied by other states to avoid lawsuits.  This will have an impact on federal policy…and maybe nudge the DEA.

The Fresh Toast is a daily lifestyle platform with a side of cannabis. For more information, visit www.thefreshtoast.com.

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