The Michigan Supreme Court knocked down a 25-year-old precedent Wednesday, deciding that the smell of marijuana should no longer independently provide law enforcement with probable cause to search a vehicle after state voters broadly legalized cannabis in 2018.

In a 5-1 decision, the court determined that the search of a Jeep Cherokee conducted by police officers in Detroit in 2020 was unconstitutional because the alleged basis for the officers’ search was the smell of marijuana.

“We agree with the Court of Appeals that in light of the voters’ intent to legalize marijuana usage and possession, the smell of marijuana, standing alone, no longer constitutes probable cause sufficient to support a search for contraband,” Justice Megan Cavanagh wrote for the majority.

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