New law prevents law enforcement from using ‘smell test’ for marijuana investigations – Law Officer

A new Maryland law legalizing recreational marijuana also changes how police can investigate whether a driver is under the influence of weed.

WTOP reported that starting July 1, law enforcement officers in Maryland can no longer use the “smell test” as the only reason to stop and search a vehicle.

Historically, the smell of marijuana provided police with the opportunity to detain, search and question a person, sometimes uncovering contraband or more serious crimes.

In a 2021 ruling, however, Maryland’s Court of Special Appeals said police needed “reasonable suspicion” that a crime is being committed to stop and question someone, and that just smelling weed doesn’t meet that standard.

The bill also creates a process to expunge all previous cases where possession of under 10 grams of marijuana was the only charge.

In November, voters approved a ballot referendum legalizing the recreational use of marijuana for adults over 21. It allows for possession of marijuana if it’s under 1.5 ounces and legalizes having up to two cannabis plants.