By Howard Fischer, Capitol Media Services via The Daily Courier
In a case that would set new legal precedents, the Arizona Supreme Court will rule Monday whether the odor of marijuana is enough to give police legal reason for a search.
The justices will decide whether the fact that voters in 2010 made marijuana legal for some people to possess and use means its smell, absent more, is actual evidence that a crime is being committed.
What makes what the high court will decide more relevant is that neither of the two people who are challenging the searches that were conducted based on odor — the searches that resulted in their arrest — are medical marijuana users. But they contend, in essence, they’re still entitled to the presumption of innocence, odor or not.
Related: Democrats call for ‘pathway’ to marijuana legalization/The Washington Post
