Chronicle AM: IL Supreme Court Takes On Searches Based on Smell of Marijuana, Tom Steyer Drug Policy, More… (1/27/20)

Democratic presidential candidate Tom Steyer rolls out a progressive criminal justice platform, a Tennessee marijuana legalization bill is filed, and more.

Marijuana Policy

Illinois Supreme Court to Decide If Smell of Marijuana Justifies Police Search. The state's highest court is pondering whether now that marijuana is legal, if smelling it is justification for police searching someone's vehicle. The case it is hearing occurred in 2017, when marijuana possession was decriminalized but not legalized, but will have even more bearing now. In that case, Decatur police pulled over a man and smelled "raw" marijuana. Even though possession of up to ten grams was no longer a crime — merely a ticketable offense — police used the odor of marijuana as probable cause to conduct a search, where they found other contraband and arrested the man. The court is now considering the case after oral arguments.

Tennessee Marijuana Legalization Bill Filed. State Sen. Raumesh Akbari (D-Memphis) has filed a legislation to legalize marijuana, SB 1849. The bill would allow for licensed and regulated marijuana cultivation and retail sale, with sales limited to a half-ounce and taxed at 12%. Half the tax revenues would go to education, 30% to infrastructure, and 20% to the general fund. The bill is not scheduled for debate and no companion legislation has been filed in the House.

Drug Policy

Tom Steyer Calls for Marijuana Legalization, Opioid Decriminalization. Democratic presidential contender and billionaire Tom Steyer called for the legalization of marijuana and the decriminalization of opium possession as part of a broader criminal justice reform program released last week. "Tom believes we must end the failed War on Drugs. Based on the flawed idea that incarceration is the answer to addiction, federal and state elected officials passed severe sentencing laws that encouraged incarceration for low-level drug offenses," the plan states. "Unfortunately, communities of color were and continue to be disproportionately affected and targeted by these laws, even when other ethnicities were committing the same drug crimes at the same rates." He also called for ending mandatory minimum sentencing, more drug courts, ending the crack/powder cocaine sentencing disparity, and investing $75 million in drug treatment.

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