The House of Delegates on Thursday gave preliminary approval to legislation that would bar police from detaining individuals simply because they smelled of marijuana. Following its voice vote, the House could vote as early as Friday on passage of the bill, which states that marijuana’s odor alone gives police neither reasonable suspicion nor probable cause to suspect someone of criminal activity. The smell, however, could still be a factor in an officer’s reasonable suspicion during a traffic stop that a person was driving while impaired by marijuana.
