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.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.