Kendall County Times

James Marter, GOP Chairman of Kendall County, is among those questioning the rationale behind a bill the Illinois State Senate recently passed.

Democratic Senators in Springfield passed a measure that would prohibit the smell of marijuana from being used as probable cause that would allow police to search a vehicle or its passengers.

"I think it’s just crazy that the insane Democrats would be standing for something like this," Marter told the Kendall County Times. "What’s next, not using open bottles of alcohol as probable cause for DUI arrests? I think we should work on opening more insane asylum for more of these Democrats that are doing crazy things."

Senate Bill 125 was sponsored by Democratic Sen. Rachel Ventura. 

Her colleagues voted 33–20 to pass the bill, which is up for consideration by the state’s House of Representatives, a Schedule 6 Foundation article said. Supporters justified the measure by saying it will protect residents' rights against unreasonable searches. 

The prospect of putting up a roadblock against unreasonable searches is admirable, Marter said, though he wondered how often such assertions arise.

“I haven’t heard we have a major problem with unreasonable searches,” Marter said. “We’re trying to solve problems we don’t have and are creating more in the process.”

The bill was put forth after a Will County court case, Democrats have said. In Will County, a defendant was pulled over and arrested after the officer detected “a strong odor of burnt cannabis emanating from the vehicle.” The defendant later asserted that the smell had lingered from “a long time ago” when someone smoked cannabis in his car, the Schedule 6 article explains.

The bill would not change the state’s laws that deal with the matter of impaired driving, Schedule 6 said. That means the act of operating a motor vehicle under the influence of marijuana would remain a criminal offense. The bill says, “If a motor vehicle is driven or occupied by an individual 21 years of age or over, the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of the motor vehicle, vehicle operator, or passengers in the vehicle.”

Still, Marter said he thinks such a measure, if it is passed and signed into law, will be a roadblock for police officers who are trying to do their jobs.

“I mean, they already have one of the toughest jobs in the state, and we continue to pile on,” Marter said. “It’s time to stop the madness and work with law enforcement to do the best job possible.”