Marijuana smell test applied in vehicle stops, searches

Police use cannabis odor as cause to comb minor’s cars for contraband

By Hunter Hine Staff Writer

(Aug. 18, 2023) Although a new state law prohibits law enforcement from searching vehicles based on the odor of cannabis alone, Ocean City police continue to search cars based on smell as long as all the occupants are under 21 years old.

Ocean City Police Cpt. James Grady said at the Police Commission on Monday that Worcester County State’s Attorney Kristin Heiser has told the OCPD officers they can search minors’ vehicles if they smell cannabis.

“They [State’s Attorney’s Office] wanted us to try to search vehicles based on the smell of CDS [controlled dangerous substances] if all the occupants were under 21, because they’re not allowed to legally have it. If everybody is 21 or over and we smell the odor we can’t search the car,” Grady said.

The General Assembly passed HB1071, which legalized marijuana and specifically governs cannabis evidence. The bill states that police cannot stop or search a person, vehicle or vessel based on certain kinds of cannabis evidence alone,

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