Tulsa World reports an appellate court’s opinion that the odor of cannabis establishes probable cause for criminal activity has some, including at least one state lawmaker, concerned about law enforcement going forward. Rep. Scott Fetgatter, R-Okmulgee, said the ruling related to a 2019 Tulsa County traffic stop “goes to show Oklahoma still has a long way to go in working on regulations for the legal medical marijuana industry.” The Oklahoma Court of Criminal Appeals last week reversed a decision made in the case of Brandon James Roberson, who was arrested after police found evidence in his SUV that supported a warrant to search the motel room he used. He was charged with trafficking after quantities of multiple drugs were found in the room. A district court judge agreed with Roberson’s defense that his disclosure to officers about having “possibly half a joint” was not enough probable cause of illegal activity, considering Oklahoma has licensed nearly 400,000 medical marijuana patients. Overturning that logic in a unanimous ruling, the appellate court determined Oklahoma’s legal medical cannabis program “in no way affects a police officer’s formation of probable cause based upon the presence or odor of marijuana.”
Sean Hocking, Cannabis Law Report, 06/27/2021 23:55:00