Can the Police Still Search Your Car in Maryland Now that Possession is Only a Civil Offense?

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.