Is Odor Enough to be Charged with Possession of Marijuana?
UPDATE: Virginia decriminalized simple possession of marijuana on July 1, 2020. Click here for details.
Is Odor Enough?
Unfortunately, yes it is enough to search. What happens most times is people are pulled over for speeding or a simple equipment violation and once they window is rolled down, the officer immediately smells marijuana.
Can the Police Search Your Car Based on Marijuana Odor?
In Virginia the law says that if the officer smells the odor of marijuana, that alone is enough suspicion that there’s marijuana in the vehicle and therefore the officer has the right to search it because your vehicle is a movable object. Learn more about this below.
Fight Searches Based on Odor of Marijuana
One of the main questions that comes up in a lot of marijuana cases that I defend is that the officer claims they smell the odor of marijuana, and that’s what gives them the right to search. Can you fight that kind of a search? Well, the answer is yes, but how difficult is it?
Contact Me
Call or email me today to learn more about what defense options you may have.
