Illinois Senate Advances Bill to Curb Cannabis-Based Traffic Stops, House Consideration Up Next

OG Article

The Cole Memo

04-10-2025

The Illinois Senate has passed Senate Bill 42, a measure sponsored by Senator Rachel Ventura (D-Joliet) that would prohibit law enforcement from using the smell of cannabis—raw or burnt—as the sole reason to search a vehicle.

You can watch my interview with Senator Rachel Ventura here

The bill is a direct response to confusion created by recent Illinois Supreme Court rulings. In People v. Redmond, the Court found that the smell of burnt cannabis alone is not sufficient to justify a search. But in People v. Molina, the Court ruled that the smell of raw cannabis was enough to establish probable cause due to laws requiring odor-proof packaging. The bill passed the Senate Criminal Law committee on February 19th.

• Read about the Illinois Supreme Court’s first ruling on this issue (People v. Redmond) here.

  • Listen to legal professionals discuss the ruling (People v. Redmond) here.

• Read about the Illinois Supreme Court’s second ruling on this issue (People v. Molina) here.

  • Listen to legal professionals discuss the ruling (People v. Molina) here.

Ventura’s bill aims to eliminate that contradiction. “This bill aims to bring clarity by directing law enforcement to consider all factors—not just odor—in deciding if the law has been broken,” she said.

Senate Bill 42 would eliminate the requirement that cannabis be stored in an odor-proof container, while still requiring it be kept in a sealed, child-resistant container. The bill does not change existing DUI laws—driving under the influence remains illegal. It also maintains the rule that cannabis must be out of reach while a vehicle is on the road, preventing access by both drivers and passengers. The law currently treats the transport of cannabis in a non–odor-proof container as a Class A misdemeanor.

Peter Contos of Cannabis Equity Illinois praised the bill as “another step forward in modernizing Illinois cannabis laws,” saying it will reduce unnecessary stops and ease pressure on law enforcement.

The bill now heads to the House for consideration. If passed by the House, it will advance to Governor Pritzker’s desk, where he could choose to sign it into law or issue a veto. At this time, it is unclear where the Governor stands on the matter.