The Arizona Supreme Court has ruled that police officers can obtain a search warrant simply because the aroma of marijuana is noticed. This comes as unfortunate news for the 90,000 or so medical marijuana patients in Arizona.
This ruling came after one trial judge’s decision to allow marijuana seized via search to be used as provable evidence, 12 News reports. The marijuana seized led to the discovery of a large marijuana grow operation.
Legal expert, Monica Lindstrom said, “The smell of marijuana, the odor of marijuana is enough for an officer to call a judge and get a search warrant.”
One medical marijuana patient, Rebecca Calloway, said, “A lot of patients feel they are being harassed by cops with nothing better to do.” Calloway has her medical marijuana card for chronic back pain from playing high school sports and works at an Arizona dispensary.
Simply having a medical marijuana card does not make any single patient safe or exempt from a search. Medical marijuana cardholders may be able to calmly contend the validity of a search because of being legally permitted to possess medical marijuana. Officers would likely have to be overwhelmed by the aroma of marijuana to request a search of a medical marijuana patient.