Canadian Court Proves: Burnt Marijuana Smell Not Proof of Drug

Check this out, Somthing reasonable. There shouldn’t be a reason why law enforcment should interfere with anyone’s business if they “think” they smell marijuana being burnt. Searching a persons car or house with just the “thought” that there might be marijauna is a waste of time and just WRONG! good job Canada! We need some great laws being passed down here in most US states. Marijuana regulation in the states is just ridiculous. I just don’t understand the reasoning of categorizing Marijuana in the same field as heroion or cocaine. Just ridiculous.

OTTAWA (AFP) - A Saskatchewan appeal’s court upheld a decision that the smell of burnt marijuana is not evidence of illegal drug possession since by definition the proof has gone up in smoke, it said Wednesday.

“The smell of burnt marijuana does not reasonably support the inference that additional marijuana is present,” the three-judge panel said in newly-released court filings.

Thus, police “did not have reasonable grounds to search” the truck of Archibald Janvier after his roadside arrest in 2004 for narcotics possession, the judges said in maintaining his acquittal.

Police had originally stopped Janvier’s truck in La Loche, Saskatchewan, in western Canada, to ticket him for a busted tail light.

At trial, the arresting officer testified he had smelled the “pungent odor of burnt marijuana” coming from inside Janvier’s truck, charged him with illegal drug possession, and then searched his vehicle.

The Royal Canadian Mounted Police constable found eight grams of marijuana in Janvier’s coat pocket, boot and truck console, but that evidence was thrown out.

Archibald’s lawyer Ronald Piche successfully argued the warrantless search and seizure were “unreasonable” because the aroma of burnt marijuana — as opposed to raw marijuana — infers that the drug has dissipated.

“How can you say you’re in possession of something that doesn’t exist,” Piche told the daily Saskatoon Star Phoenix.