Tennessee’s marijuana laws can be a bit murky, and maybe just a little “dank.” Marijuana remains illegal in Tennessee. Because of its illegality, the smell of marijuana has long been viewed by the courts as probable cause for law enforcement to search a vehicle. This long-standing law was recently challenged.

In the recent case of State v. Andre Jujuan Lee Green (yes, his last name really is Green), law enforcement used a drug-sniffing canine to conduct an open-air sniff on a suspect’s vehicle. The dog alerted on the vehicle in which the defendant was a passenger. As a result of the alert, law enforcement conducted a warrantless search of the vehicle. They found an ounce of marijuana among other things.

The defendant argued that Tennessee’s recent legalization of hemp meant that the smell of marijuana was no longer valid probable cause to conduct a warrantless search. Drug-sniffing canines are incapable of differentiating between the smell of legal hemp and illegal marijuana.

This case was litigated all the way to the Tennessee Supreme Court, the highest court on this issue (no pun intended, seriously). The Court used this case to clarify that a positive alert from a drug-sniffing canine does not automatically establish probable cause to suspend the warrant requirement, thus allowing the police to search without a warrant. The Court reiterated that the trial courts must consider the totality of the circumstances. The Court further held that the smell of marijuana can still be considered as a factor when examining the totality of the circumstances.

So, whether its cannabis, marijuana, weed, Delta-8, Delta-9, THCA, or any derivative thereof, legal or illegal, the police can still use the smell of marijuana to help establish probable cause. If you have been charged with drug offense in Clarksville, Montgomery County, or any other surrounding county such as Robertson, Houston, or Cheatham Counties, our Tennessee attorneys can help you fight the case.