Is the Smell of Marijuana Probable Cause in Texas?
Many states have legalized cannabis for medical or recreational use, which has changed what police officers can and cannot do based upon “probable cause.” Probable cause is another way of saying legal justification. In places like Colorado, your vehicle cannot be searched just because an officer got a whiff of it. This, however, is not the case in Texas.
Marijuana possession, outside of a very limited Compassionate Use Law, is still illegal in Texas. If you are operating a vehicle that is stopped by law enforcement, and the officer detects a strong odor of marijuana, this is probable cause for a search.
If you are at home or on private property, and an officer smells marijuana, they will typically need a warrant to conduct a search. In situations where law enforcement has reason to believe a crime is in progress, they can dodge the warrant process altogether.
Peveto Law Office provides aggressive representation in all types of drug crime cases in Dallas, Collin, and Tarrant County. Put our experience and knowledge to work for you and improve your chances of securing a favorable outcome.
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