Alabama
Not covered yet.
Marijuana odor and car searches, by state
Whether the smell of cannabis still gets an officer into the car depends on the state: some legislatures banned odor-only stops and searches, some courts changed the rule, and some haven’t decided. Each answer below comes from our full breakdown for that state. 17 states are covered so far, with more publishing every week.
All 50 states + D.C.
Short answers only. Raw versus burnt odor, DUI exceptions and what counts as “odor plus” vary by state, so read the full breakdown before you search.
Alaska
Our Alaska breakdown publishes October 25.
Arizona
Arizona's statute says the odor of marijuana or burnt marijuana does not by itself constitute reasonable articulable suspicion of a crime (A.R.S. § 36-2852(C)), and lawful adult possession may not be the basis for detention, search or arrest.
Full Arizona breakdownArkansas
Not covered yet.
California
Not on the smell alone. In People v.
Full California breakdownColorado
Colorado has no statute on marijuana odor. In People v.
Full Colorado breakdownConnecticut
No. Conn.
Full Connecticut breakdownDelaware
Our Delaware breakdown publishes October 24.
District of Columbia
Not covered yet.
Florida
Florida's DCAs have split on whether marijuana odor alone is probable cause. Williams (2d DCA 2025) and Baxter (5th DCA 2024) say no; the 1st DCA still says yes.
Full Florida breakdownGeorgia
Not covered yet.
Hawaii
Not covered yet.
Idaho
Not covered yet.
Illinois
It depends on the odor. In People v.
Full Illinois breakdownIndiana
Not covered yet.
Iowa
Not covered yet.
Kansas
Not covered yet.
Kentucky
Not covered yet.
Louisiana
Not covered yet.
Maine
Our Maine breakdown publishes October 22.
Maryland
Not based solely on odor. Since July 1, 2023, Md.
Full Maryland breakdownMassachusetts
No. The Supreme Judicial Court has held that the odor of burnt marijuana (Commonwealth v.
Full Massachusetts breakdownMichigan
Not on the smell alone. In People v.
Full Michigan breakdownMinnesota
Not on the smell alone. Minn.
Full Minnesota breakdownMississippi
Not covered yet.
Missouri
Our Missouri breakdown publishes October 17.
Montana
Our Montana breakdown publishes October 20.
Nebraska
Not covered yet.
Nevada
Our Nevada breakdown publishes October 18.
New Hampshire
Not covered yet.
New Jersey
No. Since February 22, 2021, N.J.S.A. 2C:35-10c provides that the odor of cannabis or burnt cannabis cannot constitute reasonable articulable suspicion of a crime, except on school property or at detention and correctional facilities.
Full New Jersey breakdownNew Mexico
Our New Mexico breakdown publishes October 19.
New York
Not based on odor alone. Penal Law § 222.05(3) prohibits finding reasonable cause to believe a crime was committed based solely on the odor of cannabis or burnt cannabis.
Full New York breakdownNorth Carolina
Not covered yet.
North Dakota
Not covered yet.
Ohio
It depends on the appellate district. State v.
Full Ohio breakdownOklahoma
Not covered yet.
Oregon
Not on the smell alone. Under State v.
Full Oregon breakdownPennsylvania
Not on odor alone. In Commonwealth v.
Full Pennsylvania breakdownRhode Island
Our Rhode Island breakdown publishes October 23.
South Carolina
Not covered yet.
South Dakota
Not covered yet.
Tennessee
Not covered yet.
Texas
Not covered yet.
Utah
Not covered yet.
Vermont
Our Vermont breakdown publishes October 21.
Virginia
No. Va.
Full Virginia breakdownWashington
Not on probable cause alone. Washington's constitution has no automobile exception (State v.
Full Washington breakdownWest Virginia
Not covered yet.
Wisconsin
Not covered yet.
Wyoming
Not covered yet.
Reference guidance for law enforcement, not legal advice. Marijuana remains illegal under federal law, and state rules change; check the current statute, your courts and your agency’s policy. Spot an error? Email nick@mnsindustriesllc.com.
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