The legal landscape surrounding cannabis is constantly changing, leading to necessary updates in how laws are interpreted and enforced. A recent, significant Michigan cannabis ruling highlights this evolution, particularly regarding searches based on the smell of cannabis. At Ethereal Gold Dispensary, we see this as a positive step that acknowledges the reality of legal cannabis — including federally legal hemp — and protects consumer rights.
What Did the Michigan Supreme Court Decide?
In a landmark 5-1 decision, the Michigan Supreme Court ruled that the smell of marijuana alone is no longer sufficient probable cause for law enforcement to search a person's vehicle. The ruling stemmed from a 2020 case where Detroit police searched a vehicle and found a firearm only after initiating the search based solely on smelling marijuana. The court determined this search was unlawful because the initial justification (the smell) was insufficient in the context of Michigan's legal adult-use marijuana laws.
Why the Change? Legalization Matters
The court's reasoning is crucial. When marijuana was illegal, its odor strongly suggested criminal activity. However, Michigan has legalized marijuana for adult use. Therefore, the court stated, "...the smell of marijuana is no longer necessarily indicative of unlawful activity." While the smell can still be considered one factor if other signs of illegal activity are present, it cannot be the only reason to justify a warrantless search. This MI Supreme Court rules marijuana smell probable cause insufficient for searches.
The Problem with Odor: Hemp Smells Like Marijuana
This ruling has significant implications beyond Michigan's state-legal marijuana market, extending protection to consumers of federally legal hemp products. Here’s why: (according to the government) hemp and marijuana are both varieties of the Cannabis sativa L. plant. They contain many of the same aromatic compounds called terpenes, which create their distinct smells. This means that legal hemp flower, pre-rolls, or other hemp products can smell virtually identical to marijuana. Law enforcement officers often cannot reliably distinguish between the scent of legal hemp and illegal marijuana based on odor alone.
Why Ethereal Gold Dispensary Supports This Ruling
We wholeheartedly agree with the Michigan Supreme Court's decision. This ruling helps protect consumers of all legal cannabis products — whether state-legal marijuana in Michigan or federally legal hemp products like those offered by Ethereal Gold Dispensary nationwide — from potentially unjustified searches and seizures based solely on an odor. Relying on marijuana smell probable cause is an outdated approach that fails to recognize the legality of hemp. As a company committed to transparency and legal compliance, we believe regulations should reflect the current legal status of cannabis and protect law-abiding citizens.
What This Means for Cannabis Consumers
For residents and visitors in Michigan, this ruling offers clearer protection against searches initiated only by the smell of cannabis. While it's a state-specific ruling, it sets an important precedent and highlights a nationwide issue. It underscores the need for updated law enforcement training and policies across the country that acknowledge the existence of legal, federally compliant hemp and its indistinguishable aroma. It's vital for consumers to understand their rights and to purchase cannabis products from reputable sources that ensure legal compliance. You can stay informed on evolving cannabis laws through trusted resources.
A Step Towards Fairer Cannabis Policy
The Michigan Supreme Court's decision is a logical and necessary step in aligning law enforcement practices with the reality of legal cannabis. Using marijuana smell probable cause as the sole justification for a search is insufficient and unfair in an era where cannabis — in the form of hemp or state-legal marijuana — is increasingly legal and regulated. Ethereal Gold Dispensary supports such sensible updates to cannabis policy and remains dedicated to advocating for consumer rights and providing safe, legal, and high-quality hemp products.
FAQ
Does this ruling apply outside Michigan?
No, this specific ruling is binding only within Michigan state law. However, it could influence similar cases or legislative changes in other states.
Can MI police never search if they smell weed?
The ruling states smell alone isn't probable cause. If police smell marijuana and observe other factors suggesting illegal activity (e.g., impaired driving, cannabis in plain view where prohibited), they may still have probable cause.
Does hemp really smell like marijuana?
Yes. Both plants belong to the cannabis family and share many of the same aromatic compounds (terpenes), making their smells often indistinguishable.
Are Ethereal Gold products legal?
Yes, Ethereal Gold Dispensary exclusively sells federally compliant hemp-derived products that adhere to the 2018 Farm Bill (<0.3% Delta-9 THC by dry weight) and undergo rigorous lab testing.
What are terpenes?
Terpenes are natural aromatic compounds found in many plants, including cannabis. They are responsible for the distinct smells and flavors of different strains and products.
