Eye On Illinois: Does Wisconsin ruling shed light on Illinois’ future?

Any time the General Assembly wraps up its regular session in May, it does so with bills that advanced further than most but didn’t clear the finish line.

That certainly was the case this year. Capitol News Illinois has an excellent breakdown of some of the proposals that might surface as soon as the fall veto session. If you missed it in print, visit tinyurl.com/StalledBills.

Among the highlights was Senate Bill 125, which would clarify that an odor of “burnt or raw cannabis in a motor vehicle” can’t be the only impetus for a police search, provided the driver is 21 or older. CNI said the Senate advanced the bill 33-20 in late March. After law enforcement groups voiced concerns, it never came up for a House vote.

And it may never reach that stage, depending on the speed of the justice system. The Illinois Supreme Court will hear three cases on the topic: the Third District Appellate Court has twice ruled marijuana smell isn’t enough for probably cause while the Fourth District Appellate Court landed on the other side.

One hint for how things might settle in Illinois could come from north of the border. The Associated Press this week reported the Wisconsin Supreme Court, in a 4-3 vote, overturned lower courts that held police couldn’t be certain whether they smelled CBD or marijuana before searching a car they’d pulled over for speeding.

Seats on Wisconsin’s top court are technically nonpartisan, but the court has long had a clear right-leaning bent, which will be true until a recently elected progressive justice takes her spot Aug. 1. The conservative majority said the driver was alone in the car, so police could reasonably assume he “was probably connected with the illegal substance the officers identified.”

The liberal minority question reliance on a 1999 U.S. Supreme Court opinion and referenced a lack of strong evidence the driver caused the odor.

“Officers who believe they smell marijuana coming from a vehicle may just as likely be smelling raw or smoked hemp, which is not criminal activity,” wrote Justice Rebecca Frank Dallet.

Marijuana, of course, is not illegal for Illinois adults as in Wisconsin. (On the same day the court published its ruling, Wisconsin Gov. Tony Evers, a Democrat, signed a bill that in part prohibits local governments from conducting nonbinding advisory referenda regarding marijuana legalization.) Yet perhaps more importantly, the Illinois Supreme Court is explicitly partisan and has a 5-2 Democratic majority.

“I’m hoping not to go” to the veto session, said state Sen. Rachel Ventura, D-Joliet. “I’m very hopeful that the courts will rule in the direction of the 3rd (District) Appellate Court.”

Either way, expect a firm resolution by year’s end.

• Scott T. Holland writes about state government issues for Shaw Media. Follow him on Twitter @sth749. He can be reached at sholland@shawmedia.com.