People v. Rice (2019) 2019 Ill.App.3d 170134

Traffic Stop; Smell of Marijuana Sufficient for Probable Cause

Traffic stop for speeding. LE smelled burnt marijuana and knew subject had prior arrests for controlled substances. Subject searched and found to be in possession of marijuana. Car searched and pills and cash found. Illinois had decriminalized possession of 10 grams or less of marijuana (punishment is a fine only). Court upheld probable cause because marijuana possession is still illegal, although only punishment is a fine. Court stated decriminalization is not synonymous with legalization.