Raw marijuana smell can support residential searchPosted by On

The Kansas Supreme Court has ruled for the first time regarding raw marijuana smell emanating from a residence in probable cause for a search by law enforcement.


TOPEKA – A divided Kansas Supreme Court has ruled that the smell of raw marijuana coming from a residence, when combined with other circumstances, can supply probable cause to support a residential search by police.

This ruling is the first time the court addressed the issue and settled a conflict between Court of Appeals decisions.

The Supreme Court affirmed Lawrence resident Lawrence C. Hubbard’s misdemeanor convictions of possession of marijuana and possession of drug paraphernalia in Douglas County District Court.

Police officers testified they smelled the strong odor of raw marijuana while standing at…

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