SMELLS LIKE...TROUBLE

By now, you may have heard of the decision by the highest court in Massachusetts regarding the odor of marijuana. The case involved an automobile stop for a minor civil infraction-parking near a hydrant. When questioning the driver and passenger, police smelled burnt marijuana and ordered the occupants to exit the vehicle. A search of the passenger revealed crack cocaine and he was placed under arrest.

The Supreme Judicial Court held that the odor of marijuana was an insufficient basis for removing the individuals from the car. This reasoning was based on the recent voter-approved change in the law decriminalizing possession of one ounce or less of marijuana.(For a more detailed explanation of the new law see "How Legal is Pot" at my website). If the police had no basis for assuming a crime had been committed, the Court reasoned, then police had no basis for ordering the occupants out and conducting searches.

However, this should not be taken to mean police are powerless to act when confronted with drivers who smell of marijuana, or who are witnessed smoking marijuana. Police can-and will- question such a driver to determine whether he or she is operating under the influence of drugs.This carries significant criminal penalties, including a lengthy license suspension. (See, "Kids ,Cars and Consequences" at my website.)

In addition, if police have a basis to believe that an individual is possessing more than an ounce, a more thorough search can occur. Such a search often leads to more serious charges if police discover multiple,small bags of marijuana, baggies and/or a scale. In such a case, the occupants of the car will often be charged with possession with intent to distribute.

Young people need to understand they are far more vulnerable to stops and searches while in a motor vehicle as opposed to in a residence. A minor infraction or equipment violation(tail light out, etc.) can lead to a stop and sharp questioning by police officers.