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Advent Of Medical Marijuana Has Arizona Courts At Odds

Arizona courts appear at odds over the possible impact on legalized medical marijuana on the ability of police to conduct searches prompted solely by officers smelling marijuana.

A three-judge panel of the state Court of Appeals ruled Thursday that a police search of a man's car during a traffic stop was permissible because an officer smelled burnt marijuana.

The panel rejected a defense argument that legalized medical marijuana means police must assume that any marijuana they smell or see is lawful until shown otherwise.

A different panel of the same court earlier this week said legalization of medical marijuana means circumstances other than mere possession must determine whether there's a legal basis for a search.

That case involved a search warrant issued for a building after an officer smelled pot.

 

Associated Press
The Associated Press is an independent not-for-profit news organization.