NEBRASKA CITY- Nebraska's top law enforcement officials are voicing opposition to legislation stemming from voters' approval of medical marijuana citing public safety and a possible threat to the state's 'odor of marijuana' doctrine that allows police to search a vehicle without a warrant.

The odor of marijuana is the basis for vehicle searches that resulted in recent sentences in Otoe County.

A 40-year-old man from Rock Port, Mo.,  was sentenced in Otoe County to one to two years in prison for possession of methamphetamine and possession of a deadly weapon on March 12.

A sheriff’s deputy reported he searched the vehicle because of the odor of marijuana. He told the court he found 25 grams of methamphetamine in a luggage box and a machete.

In a separate case, a 29-year-old Nebraska City man was sentenced to 90 days in jail for attempted possession of Psilocybin mushrooms on Sept. 4.

A Nebraska City police affidavit says the man's vehicle was parked in a driveway along Centennial Avenue, but because of the time of the day the officer thought it unusual and stopped to offer assistance. The officer says he searched the vehicle because he smelled the odor of marijuana.

In Nebraska, the odor of marijuana provides probable cause for a warrantless search under the automobile exception of the warrant requirement.

In states where marijuana is legal, the odor alone may not be sufficient to establish probable cause for a search.

 

Recently, 15 Nebraska sheriffs, including those from Douglas, Sarpy and Lancaster counties, signed a letter from the state Attorney General opposing a move toward legalized marijuana.

Attorney General Mike Hilgers’ letter say “the provisions of this amendment make law enforcement’s job much harder by creating a significant shield against probable cause for searches or arrets of those who carry large amounts of marijuana.”

Nebraska Medical Marijuana Director Crista Eggers released a statement May 7 in response to Attorney General Mike Hilgers comments at a press conference.

Eggers: "There is no greater hypocrisy than Attorney General Hilgers urging the Legislature to respect the will of the voters—after actively working to undermine it at the ballot box, in the courts, and within the Legislature itself.

Attorney General Hilgers’ continued legal challenges and now attempts to manipulate the legislature are among the primary reasons why Nebraskans still lack—and may continue to be denied—legal access to safe, regulated medical cannabis.

Our fight remains as it always has: as a voice for Nebraska patients—real people in our communities who are suffering. As long as patients like Will, Jayen, Kyler, Colton, and countless others are suffering, you have our unwavering commitment: We will never stop fighting.”

 

https://rivercountry.newschannelnebraska.com/story/44389992/judge-says-innocent-odor-of-marijuana-allows-police-search