420 Alert: Can Michigan Police Search Your Weed Smelling Car?

Michigan offers both recreational and medical marijuana for residents over the age of 21. While some risk-takers smoke the Devil's lettuce in the car, many smoke at home or elsewhere out of their car... but the smell lingers.

So what happens when you get pulled over in Michigan and the officer smells the ganja? Does that officer have the right to search your car based on the potent smell?

Recent Developments Involving Weed

This week the Michigan Supreme Court made a ruling that clarifies the reasoning for a police officer to search a vehicle. Since the state made recreational pot smoking legal in 2018 the court ruled that the smell of marijuana alone is no longer a sufficient reason to search a vehicle without a search warrant. The decision overturned the laws and precedents that were implemented 25 years ago.

The decision came after a situation where police officers smelled burning marijuana and asked the defendant in the case to search their vehicle. During the search police found a firearm and then he was charged.

But would he have been hit with the firearm charge had they not searched the vehicle? The answer is likely no. So the new court ruling this week has changed things here in the mitten just ahead of the much celebrated 4/20 holiday.

Stoner Situation #1

If you are pulled over for something like a light out or speeding there is no rational reason to search the vehicle. If you smell like weed and that is the only reason the police are requesting to search your car you do not have to comply, and that is confirmed by the new Michigan Supreme Court ruling.

Stoner Situation #2

If you're driving like an idiot, the police think your on hard drugs and you smell like weed? Yeah they can search your car and charge you with whatever they find.

We certainly do not advocate for people to smoke pot while driving. So enjoy 4/20 responsibly!