Search-Frisk & The Odor of Marihuana (continued)

This post updates an earlier post that briefly noted two recent Maryland appellate court opinions discussing when the odor of marihuana emananting from a vehicle would justify the search of a vehicle and/or the frisk of an occupant of the vehicle. With the decriminalization of less than 10 grams of marihuana in Maryland, but with the courts still considering marihuana to be contraband – as one can still be given a civil citation for the possession of less than 10 grams – the police are still authorized to search a vehicle – but the odor of marihuana by itself – at least in Maryland – does not provide a basis for a weapons frisk.   My associate, Megan E. Coleman and I prepared a more detailed analysis of how the opinions in Robinson and Norman have addressed these issues.  Click below to read our analysis. 

Rolling While You Roll: The Odor of Marihuana Emanating From A Vehicle