Marijuana smell enough to search car, despite Ohio legalization, judge says

OG article by Bethany Bruner

February 18, 2026

An Ohio judge has ruled that the odor of marijuana alone can still provide probable cause for police to search a vehicle, even after the state's legalization of recreational cannabis. The decision highlights ongoing tensions between state law reforms and federal prohibitions, where marijuana remains a Schedule I controlled substance under U.S. law. In the Columbus-area case, the judge emphasized that federal illegality allows officers to act on the smell as reasonable suspicion of a violation, despite Ohio's voter-approved legalization measures.

This ruling underscores broader implications for enforcement post-legalization: while personal possession and use may be state-protected, vehicle searches triggered by odor can proceed based on potential federal infractions or other factors. Critics argue it undermines the intent of legalization to reduce arrests for low-level offenses, while supporters of the decision point to consistency with federal supremacy and public safety concerns like impaired driving. The case stems from a local court challenge in Columbus, reflecting similar debates in other legalized states where judges grapple with reconciling state decriminalization with unchanged federal status. Outcomes like this could influence police training, search protocols, and future appeals or legislative clarifications in Ohio.