MA- The Supreme Judicial Court ruled marijuana odor is no longer ‘reasonable suspicion’ for police.

The odor of burnt marijuana alone is not enough for police to suspect criminal activity and order a person to get out of a car, the state’s highest court ruled Tuesday, citing a state law that decriminalizes possession of small amounts of the narcotic.

The high court said a key factor in its decision was the 2008 change in state law which made possession of one ounce or less of marijuana a civil rather than a criminal offense.

"Without at least some other additional fact to bolster a reasonable suspicion of actual criminal activity, the odor of burned marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order," the opinion said.

The court found that the new law “provides a clear directive to police departments handling violators to treat commission of this offense as noncriminal.”

The court said that there must be additional reasons for police to suspect criminal activity to justify ordering someone to get out of a car.

Massachusetts vs. Benjamin Cruz ruling:
http://www.socialaw.com/slip.htm?cid=20604

Link:
http://boston.cbslocal.com/2011/04/20/sjc-burnt-marijuana-odor-not-enough-to-suspect-criminal-activity/