Virginia Lawmakers Pass Bill To Ban Warrantless Searches Based On Marijuana Odor

Virginia Passes Two Bills To Ban Searches Based On Marijuana Odor | Stock Image

In August, Senate Bill 5029 and Senate Bill 5058 were approved and passed by both legislative bodies in Virginia and now only need to be signed by Democratic Rep. Gov. Ralph Northam. Once signed by Governor Northam, these two bills will prohibit law enforcement from conducting warrantless searches based on the odor of marijuana. SB 5029 and SB 5058 will require law enforcement officers to identify other probable causes for warrantless searches. This move by Virginia lawmakers will result in less interactions between law enforcement, and non-violent members of the Virginia population.

The general public are often at risk when pulled to the side of the road by law enforcement officers; as can be seen in many instances of arrests ending in the harm of suspects. Also, the traumatizing situation faced by the general public when pulled over by an over zealous law enforcement officer, can often make these situations worse. The reform these bills bring to Virginia law, has the potential to noticeably reduce arrests and incarcerations across the state. The bills state that "no law-enforcement officer may lawfully search or seize any person, place, or thing solely on the basis of the odor of marijuana and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding." In the age of COVID-19, this can be considered twice as beneficial to the general public, as this reduces the chances of spreading the virus due to interactions between law officers and the public. It is very obvious why it would be concerning to lawmakers, that there is a risk of aiding the spread of the virus due to interactions with law enforcement. This could possibly have been a determining factor in passing these bills.

"No More Warrantless Searches

Based On Marijuana Odor"

The possession of small amounts of marijuana was decriminalized in Virginia earlier this year, with penalties of $25. Though this may have reduced arrests in Virginia, it did very little to reduce interactions between law enforcement officers and the general public. With the current changes around the world due to COVID-19, the concern over social distancing has outweighed the desire to arrest non-violent marijuana crime offenders, and has made way for changes in the law.

The steep cost of arresting and incarcerating non-violent marijuana crime offenders, makes lawmakers on both sides more aware of the aftermath left in the wake of the "War On Drugs". As can be seen in other states such as New Jersey; if little or no action is taken by lawmakers towards regulating a substance in high use, then it will have much longer lasting effects on communities and the relationship law enforcement has with the general public. Various studies have shown that a majority of marijuana arrests, involve members of minority communities and marginalized members of the general public, resulting in a strong effect on the socioeconomic state of the country. The inequality demonstrated in arrests has not only made it more difficult for marginalized communities to gain progress, but has also caused minority communities to continually distrust law enforcement.

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