A new ruling from the state Court of Appeals means the smell of marijuana is no longer enough in Arizona for police to get a warrant and come busting down the door.
The case involves South Tucson police saying they smelled fresh marijuana 60 feet outside a warehouse. Based on that, they got a warrant, entered the warehouse and found 357 plants and 53 pounds of cultivated marijuana.
Appellate Judge Peter Eckerstrom said the evidence of smell might have been legally sufficient at one time, but he said that changed once voters approved medical marijuana in 2010. Now, the fact someone has marijuana does not automatically mean a crime is being committed. This means the search warrant was invalid.
Defense attorney David Euchner said the ruling makes sense.
"It's just like if they smell alcohol on a driver's breath," Euchner said. "It's not per se evidence of DUI. It might be evidence of DUI. It's something the officer can ask more questions about, but they can't just arrest just because they smell alcohol on the breath."
The ruling was not unanimous. Appellate Judge Philip Espinosa said the fact police could smell the drug 60 feet away suggested this was far more than the 2 1/2 ounces of marijuana that individuals with medical conditions can possess. The judge said this clearly was not a legal cultivation facility. An appeal to the Supreme Court is likely.