Michigan Supreme Court 04/02/25: “The Kazmierczak rule that the smell of marijuana alone is sufficient to support a finding of probable cause to believe a crime was being committed is no longer good law in light of the MRTMA. Instead, the appropriate rule is that the smell of marijuana is one factor that may play a role in the probable-cause determination.”

“Since [2000], the citizens of Michigan passed both the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq., which authorized qualified patients to possess and use, and registered caregivers to cultivate and possess, marijuana for medicinal purposes, and also the MRTMA, the intent of which was to generally decriminalize the use and possession of marijuana in the state of Michigan. In light of these statutory changes, although certain conduct related to marijuana use is still prohibited, the smell of marijuana, standing alone, no longer constitutes probable cause sufficient to support a search for contraband.
Because the alleged basis for the officers’ search of the automobile in this case was the smell of marijuana standing alone, the search was not constitutional under the automobile exception to the warrant requirement.”