Weed Smell Isn’t Probable Cause Anymore, Rules Michigan’s Top Court

3 April 2025

The Michigan Supreme Court ruled that the smell of marijuana alone is no longer sufficient probable cause for police to conduct a warrantless vehicle search. The 5–1 decision overturns more than two decades of legal precedent and reflects the evolving landscape since Michigan legalized adult-use cannabis in 2018.

The case arose from a 2020 Detroit incident where police searched a parked vehicle after detecting the odor of burning marijuana, leading to a parolee's arrest on weapons charges. The court found that under current law, cannabis odor does not automatically indicate criminal activity, making the search a violation of the Fourth Amendment.