The Chicago Police Department (CPD) has officially adopted a significant policy shift that prevents officers from searching vehicles based solely on the smell of raw plant material. The decision, reported by WTTW, comes in response to a long-standing legal battle and marks a notable change in law enforcement protocol for the city.
The revised policy is the result of pressure from civil rights groups and a 2019 federal court consent decree requiring CPD to reform various policing practices. City officials confirmed that CPD had agreed to the change, even after initially resisting it. The American Civil Liberties Union (ACLU) of Illinois praised the move in a court filing, calling it a critical step toward protecting personal freedoms and rebuilding community trust.
“This is a common-sense policy change that brings Chicago in line with the principles of fairness and constitutional rights,” the ACLU stated.
The change is especially significant in light of a 2024 ruling by the Illinois Supreme Court. Earlier this year, the court determined that the smell of raw product alone was enough to justify a police search of a vehicle. That ruling appeared to strengthen law enforcement’s discretion during traffic stops. However, CPD’s new stance effectively overrides that approach within the city by choosing not to use odor alone as probable cause.
Interestingly, this decision contrasts with another 2024 ruling by the same court just three months prior, which stated that the smell of burnt product is not sufficient grounds for a warrantless search of a vehicle. The court’s differing conclusions on raw versus burnt odor sparked confusion and debate among both law enforcement officials and advocates.
Under Illinois state law, personal use is legal for adults, but strict rules apply to how these products are stored and transported. Items must be placed in sealed, child-resistant, and odor-proof containers while in a vehicle. Still, despite these rules, advocates argue that relying on odor alone to justify a stop or search is problematic, especially considering how long a smell can linger and how inconsistently it can be perceived.
“This change reflects a deeper understanding that smell is subjective and shouldn’t be the sole reason someone ends up being searched,” said civil rights attorney Marsha Reynolds.
CPD’s own data appears to show that such stops are rare but not insignificant. Between December 2024 and June 2025, the department recorded just 70 traffic stops tied to suspected product violations. However, as noted by WTTW, the department does not currently track how many of those stops were initiated specifically due to the smell of raw material—making it difficult to assess how often odor-based searches occur in practice.
The lack of consistent data and the ambiguity in legal precedent have made this issue particularly contentious in Chicago and across Illinois. Civil rights groups have long argued that smell-based searches disproportionately impact communities of color and often lead to unnecessary confrontations.
By updating its policy, CPD is positioning itself at the forefront of local police reform—choosing to adopt a more restrained and rights-respecting approach. While some law enforcement advocates express concerns that this may limit officers’ ability to identify illegal activity, supporters of the change believe it reflects a necessary cultural shift.
“This isn’t about handcuffing officers—it’s about protecting everyday people from being unfairly targeted,” said Reynolds.
The decision is expected to be closely watched by other cities navigating similar legal and policy tensions. For now, Chicago’s move is being hailed as a small but meaningful victory in the broader effort to ensure more equitable and consistent law enforcement practices.
As public attitudes and state laws continue to evolve, the hope is that CPD’s policy update sets a precedent for smarter, fairer policing that better balances safety with civil liberties.
