Bill > S0177

This bill amends South Carolina law by adding a new section to limit law enforcement's ability to use the scent of marijuana, cannabis, or hemp as the sole justification for stopping, searching, or arresting an individual. Specifically, the bill prohibits police officers from stopping a person or vehicle, searching a vehicle, driver, or passenger, or conducting an arrest based exclusively on detecting the smell of marijuana (whether burnt or unburnt). The legislation effectively removes the odor of marijuana as a standalone basis for establishing reasonable suspicion or probable cause, which are legal standards typically required to justify searches or detentions. This change aims to reduce potential instances of discriminatory policing and protect individuals' rights against unwarranted searches. The bill would take effect upon the Governor's approval and does not disrupt any pending legal actions or existing rights that were in place before its implementation.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=0177&session=126&summary=B