---
title: Michigan's top court says police can't search cars solely because of cannabis odor
description: Michigan's Supreme Court rules that the odor of cannabis is not sufficient for warrantless car searches, impacting law enforcement practices statewide.
image: https://420intel.com/hubfs/AI-Generated%20Media/Images/A%20courtroom%20scene%20unfolds%20with%20a%20polished%20wooden%20bench%20at%20the%20forefront%20where%20a%20group%20of%20solemn%20judges%20in%20black%20robes%20sit%20their%20expressions%20serious%20as%20they%20deliberate%20The%20center%20judge%20a%20woman%20with%20short%20brown%20hair%20and%20glasses%20gestures%20thoughtfully%20wh-1.jpeg
---

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# Michigan's top court says police can't search cars solely because of cannabis odor

- [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz)
- [Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news)
- 4 April 2025

DETROIT (AP) — The odor of cannabis alone isn't a sufficient reason for police to search a car without a warrant, the Michigan Supreme Court said Wednesday.

In a 5-1 opinion, the court threw out gun charges against a man whose car was searched in Detroit in 2020.

Michigan voters in 2018 legalized the possession and use of small amounts of cannabis by people who are at least 21 years old, though it cannot be used inside a vehicle.

“The smell of marijuana might just as likely indicate that the person is in possession of a legal amount of marijuana, recently used marijuana legally, or was simply in the presence of someone else who used marijuana,” said Justice Megan Cavanagh, writing for the majority.

The smell “no longer constitutes probable cause sufficient to support a search for contraband,” Cavanagh wrote.

Two lower courts had reached the same conclusion.

Elsewhere, the Illinois Supreme Court made a similar ruling last September. That state legalized the possession of cannabis in 2019.

“There are now a myriad of situations where cannabis can be used and possessed, and the smell resulting from that legal use and possession is not indicative of the commission of a criminal offense,” Justice P. Scott Neville Jr. said.

In the Michigan case, the lone dissenter, Justice Brian Zahra, said he favored returning it to a Detroit-area court to determine whether any other evidence supported a search of the car by police.

 

[by Fox 17](https://www.fox17online.com/news/local-news/michigan/michigans-top-court-says-police-cant-search-cars-solely-because-of-cannabis-odor)

 

 

[Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news)

![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=200&height=200&name=Buzz-No%20Outline-2.png)

#### [Buzz](https://420intel.com/blog/author/buzz)

At 420 Intel, we cover cannabis legalization news throughout the world, offer reliable information for cannabis business owners, detail technological advances that impact the marijuana industry, cover marijuana rallies from across the globe, and everything in between.

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[Cannabis Business News](https://420intel.com/blog/tag/cannabis-business-news) [![Terraend Big Cannabis Firm Says Goodbye Michigan](https://420intel.com/hs-fs/hubfs/AI-Generated%20Media/Images/The%20image%20depicts%20a%20quiet%20street%20in%20Adrian%20Michigan%20where%20a%20marijuana%20dispensary%20Gage%20stands%20with%20its%20windows%20covered%20in%20brown%20paper%20The%20storefront%20displays%20a%20Closed%20sign%20prominently%20while%20the%20surrounding%20area%20shows%20signs%20of%20neglect%20with%20overgrown%20we-1.jpeg?width=550&height=395&name=The%20image%20depicts%20a%20quiet%20street%20in%20Adrian%20Michigan%20where%20a%20marijuana%20dispensary%20Gage%20stands%20with%20its%20windows%20covered%20in%20brown%20paper%20The%20storefront%20displays%20a%20Closed%20sign%20prominently%20while%20the%20surrounding%20area%20shows%20signs%20of%20neglect%20with%20overgrown%20we-1.jpeg)](https://420intel.com/blog/big-cannabis-firm-says-goodbye-michigan)

- [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz)
- 11 July 2025

#### [Terraend Big Cannabis Firm Says Goodbye Michigan](https://420intel.com/blog/big-cannabis-firm-says-goodbye-michigan)

An Adrian marijuana dispensary is among dozens shutting down as cannabis company Terraend announces...

[Cannabis Politics](https://420intel.com/blog/tag/cannabis-politics) [![Budding union efforts in Michigan’s Cannabis Industry](https://420intel.com/hs-fs/hubfs/Imported_Blog_Media/Budding%20union%20efforts%20in%20Michigan%E2%80%99s%20Cannabis%20Industry.jpg?width=550&height=395&name=Budding%20union%20efforts%20in%20Michigan%E2%80%99s%20Cannabis%20Industry.jpg)](https://420intel.com/blog/budding-union-efforts-michigans-cannabis-industry)

- [Admin](https://420intel.com/blog/author/admin)
- 7 March 2024

#### [Budding union efforts in Michigan’s Cannabis Industry](https://420intel.com/blog/budding-union-efforts-michigans-cannabis-industry)

### Marijuana licenses could be in jeopardy if bills go unpaid

Although Michigan’s marijuana market...

[Cannabis Business News](https://420intel.com/blog/tag/cannabis-business-news) [![Michigan’s Budget Showdown: Deal or No Deal?](https://420intel.com/hs-fs/hubfs/frankie-cordoba-6b0Da2obgeo-unsplash.jpg?width=550&height=395&name=frankie-cordoba-6b0Da2obgeo-unsplash.jpg)](https://420intel.com/blog/michigans-budget-showdown-deal-or-no-deal)

- [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz)
- 26 September 2025

#### [Michigan’s Budget Showdown: Deal or No Deal?](https://420intel.com/blog/michigans-budget-showdown-deal-or-no-deal)

LANSING — A major agreement in the state capital is reshaping **Michigan’s Budget** for the coming...

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