It is widely known that Amendment 64 passed in Colorado which makes the possession of less than one ounce of Marijuana legal. SO, my question is: If I am pulled over in CO (and I am NOT under the influence of Marijuana) and the officer SMELLS Marijuana in the car, is that still probable cause to search the vehicle without consent? Or does probable cause no longer exist on that basis because Marijuana possession is legal?
Depends. In theory the mere smell of raw marijuana should not, in of itself, be grounds for a warrantless search by a state or local law enforcement officer for a legal substance under state law. However, in reality, regardless of whether or not a person is under the influence,typically the police report will state something to the effect of: "Upon contact with the suspect I smelled a strong odor of burnt marijuana, suspect had bloodshot eyes, was slow to react to emergency equipment, acted confused, had a greenish or brownish substance on his tongue, and did not perform voluntary roadside tests as a sober person would.
