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Odor of Marijuana


The odor of burnt and raw marijuana is not enough to establish probable cause to arrest someone for possession of marijuana in Indiana.

In I.G. v. State, the issue was whether the police had probable cause to arrest the Defendant for possession of marijuana based on the odor of raw and burnt marijuana in a car with three occupants. When asked to exit the vehicle, all three occupants were calm, cooperative, made no furtive gestures, or gave the officer any cause or concern for his safety. No evidence was presented that the odor of marijuana was strong or came from the Defendant’s person. The Court of Appeals found that the odor of burnt and raw marijuana alone was not enough to establish probable cause to arrest someone for possession of marijuana and reversed the conviction.

Photo of smoke rising.

Filed to Criminal Defense, Marijuana & Other Drugs

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