Smelling marijuana in a vehicle
has long been a standard justification used by the police to search the vehicle
without a warrant. Now that
possession of less than 10 grams of marijuana in Maryland is a civil offense
carrying a mere $100 fine, the continued use of the scent of marijuana as
probable cause to search a vehicle was recently challenged by attorneys in
front of the Court of Appeals.
The Court decided that
decriminalization is not the same as legality, therefore the police can still
search your vehicle based on the scent of marijuana. If you’ve been charged with an offense after a police search of
your vehicle, there may still be defenses available to you. You need Portner & Shure for
representation.
