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Recent Development: Robinson V. State: Decriminalization Of Possession Of Less Than Ten Grams Of Marijuana Does Not Eliminate A Police Officer's Probable Cause To Search Vehicles From Which The Odor Of Marijuana Emanates, Virginia J. Yeoman
University of Baltimore Law Forum
The Court of Appeals of Maryland held that decriminalization does not equate to legalization of marijuana; therefore, a law enforcement officer has probable cause to search a vehicle if the officer detects the odor of marijuana coming from the vehicle. Robinson v. State, 451 Md. 94, 99, 152 A.3d 661, 664-65 (2017). The court explained that the odor of marijuana establishes probable cause to believe the vehicle contains contraband or evidence of a crime. Id. at 99, 152 A.3d at 665. Thus, there was probable cause to search the vehicles in each of the combined cases. Id. at 137, 152 …