Connect with us


Pennsylvania Court Rejects Vehicle Search Solely on Odor if One Has a Valid Medical Marijuana Card

Jane S



Pennsylvania Court Rejects Vehicle Search Solely on Odor if One Has a Valid Medical Marijuana Card

According to ab NBC Philadelphia news report, a court in eastern Pennsylvania ruled that state police troopers were not permitted to search a vehicle solely due to the smell of marijuana where a passenger showed a valid medical marijuana card.

The judge, Maria Dantos, wrote in her opinion, “The smell of marijuana is no longer per se indicative of a crime.”

The facts, as shown in the news report, indicate that an individual by the name of Timothy Barr, was a passenger in a vehicle. The vehicle, driven by his wife, was halted by state troopers based on a traffic violation. The troopers indicated that an odor of marijuana emitted from the vehicle and informed Barr that as a result, they were permitted to search the whole vehicle, even though Barr presented his medical marijuana card that indicated he could legally use marijuana. Nonetheless, officers searched the vehicle. Traces of marijuana and a loaded firearm that Bar was not permitted to legally possess were found. According to court records, Barr was not legally permitted to possess a firearm because he had a previous conviction.

Judge Dantos did not permit into evidence the handgun found in the vehicle to support drug and firearms counts that arose from the search. She ruled it “illogical, impractical, and unreasonable” for troopers to suspect illegal activity upon the showing of the medical marijuana card. Further, she determined that lawmakers had not contemplated such arrest and prosecution where people presented their medical marijuana cards. She wrote, “Such actions are merely means of hampering the legalization of marijuana for medical purposes.”

Joshua Karoly, the defense attorney, shared in the news report, “This case will put a spotlight on the plain smell doctrine in Pennsylvania which police use far too often to invade citizens’ privacy.”

Jane is a regular contributor who learned about the great benefits of CBD a few years ago after starting it herself. Impressed by its effects, she's interested in helping others learn about options that can be helpful for them.

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *


Join Us On Facebook


Trending CBD News

TimesofCBD always fact checks sources and aims for the best accuracy in the reporting curated cannabis content consisting of the latest CBD news, user guides and product health research. Quality is the priority, but we are not eligible to be liable as everything here is for educational, informational purposes only. Always seek real additional medical advice and consultation with a professional healthcare practitioner before considering any CBD. No statements found on this website have underwent Food and Drug Administration evaluation. The efficacy of any products or claims made have never been approved by the FDA either. No products shall ever be intended to diagnose, treat or cure any disease or prevent any ailment.

What Is CBD?