In two unanimous opinions, the state’s highest court said the smell of marijuana can be used as probable cause to obtain a search warrant despite the fact that Arizona allows its use for medical purposes.
“The odor of marijuana in most circumstances will warrant a reasonable person believing there is a fair probability that contraband or evidence of a crime is present,” wrote Chief Justice Scott Bales.
The court rejected claims that a 2010 law legalizing the medical use of marijuana in the state means the smell test could no longer be used.
The ruling came amid liberalizing attitudes toward marijuana among many in the country. Arizona is one of several states, including California and Nevada, where advocates are pushing ballot initiatives to legalize the drug for use by adults.
