PA Court Holds Odor of Marijuana Alone Not Probable Cause to Search
Posted in Constitutional Rights on October 19, 2020
The legalization of medical marijuana in Pennsylvania has created a gray area when it comes to police searches. One of the most common questions from clients facing marijuana charges is: “Can police still search my car just because they say they smell marijuana?”
A recent decision from the Pennsylvania Superior Court in Commonwealth v. Barr shows that the answer is far more complicated than it used to be—and that police may not automatically have the right to search your vehicle based on odor alone.
The Barr Case: Smell of Marijuana and a Warrantless Car Search
In the Barr case, Pennsylvania State Police conducted a late-night traffic stop in Lehigh County after a minor vehicle code violation. When approaching the car, the officers claimed to smell both burnt and raw marijuana.
Importantly, the passenger—Mr. Barr—produced a valid Pennsylvania medical marijuana card, showing he was legally permitted to possess medical cannabis. Despite this, the officers searched the car and found marijuana, packaging materials, and a firearm. Barr was charged with several offenses, including illegal firearm possession and possession of marijuana.
The trial court suppressed the evidence, finding that the odor of marijuana alone no longer establishes probable cause for a vehicle search, given that many Pennsylvania residents can now legally possess marijuana for medical purposes.
The Commonwealth appealed.
What Did the Superior Court Decide?
The Pennsylvania Superior Court agreed in part with the trial court, ruling that:
✅ The smell of marijuana alone does NOT automatically justify a warrantless vehicle search.
✅ However, the smell of marijuana still remains a relevant factor when considering whether police had probable cause to conduct a search.
✅ The trial court made a legal error by giving the odor of marijuana “no weight” at all in its probable cause analysis.
✅ The case was sent back to the trial court to reconsider whether all the facts—taken together—justified the search.
In short, the court made it clear that Pennsylvania is no longer a “plain smell = automatic search” state. But at the same time, the smell of marijuana can still contribute to probable cause in combination with other facts.
What This Means for Drivers and Medical Marijuana Patients
If you have a valid medical marijuana card in Pennsylvania, you have the legal right to possess certain forms of cannabis. But that doesn’t mean you’re automatically protected from police searches.
Here are key takeaways:
The smell of marijuana may still prompt a police investigation.
Police cannot solely rely on odor to justify a warrantless search—but they can consider it alongside other factors.
If you’re a medical marijuana patient, you should keep your product in its original dispensary packaging and carry your medical marijuana ID card.
If you face charges after a police search, an experienced defense attorney may be able to challenge the legality of the search based on evolving case law.
Facing Marijuana or Gun Charges? Protect Your Rights with an Experienced State College Defense Lawyer
Pennsylvania’s marijuana laws—and how they interact with search and seizure rules—are constantly evolving. If you’ve been charged with a drug or firearm offense after a police search, you need a defense attorney who understands these complex legal issues.
At JD Law, we regularly handle cases involving marijuana possession, illegal searches, and firearm charges in State College and throughout Centre County. We know how to challenge questionable searches and protect your rights.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.