The Cole Memo

The Illinois Senate has passed Senate Bill 42, a measure sponsored by Senator Rachel Ventura (D-Joliet) that would prohibit law enforcement from using the smell of cannabis—raw or burnt—as the sole reason to search a vehicle.

You can watch my interview with Senator Rachel Ventura here

The bill is a direct response to confusion created by recent Illinois Supreme Court rulings. In People v. Redmond, the Court found that the smell of burnt cannabis alone is not sufficient to justify a search. But in People v. Molina, the Court ruled that the smell of raw cannabis was enough to establish probable cause due to laws requiring odor-proof packaging. The bill passed the Senate Criminal Law committee on February 19th.

• Read about the Illinois Supreme Court’s first ruling on this issue (People v. Redmond) here.
  • Listen to legal professionals discuss the ruling (People v. Redmond) here.
• Read about the Illinois Supreme Court’s second ruling on this issue (People v. Molina) here.
  • Listen to legal professionals discuss the ruling (People v. Molina) here.

Ventura’s bill aims to eliminate that contradiction. “This bill aims to bring clarity by directing law enforcement to consider all factors—not just odor—in deciding if the law has been broken,” she said.

Senate Bill 42 would eliminate the requirement that cannabis be stored in an odor-proof container, while still requiring it be kept in a sealed, child-resistant container. The bill does not change existing DUI laws—driving under the influence remains illegal. It also maintains the rule that cannabis must be out of reach while a vehicle is on the road, preventing access by both drivers and passengers. The law currently treats the transportation of cannabis in a non–odor-proof container as a Class A misdemeanor.

Peter Contos of Cannabis Equity Illinois praised the bill as “another step forward in modernizing Illinois cannabis laws,” saying it will reduce unnecessary stops and ease pressure on law enforcement.

The bill now heads to the House for consideration. If passed by the House, it will advance to Governor Pritzker’s desk, where he could choose to sign it into law or issue a veto. At this time, it is unclear where the Governor stands on the matter.

Article updated for clarity on 4/13/2025

Article updated for spelling mistake on 4/15/2025

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#278 – Homegrow, Schedule III, and the Future of Cannabis with Madeline Scanlon – The Cole Memo

Cole Preston is joined by Madeline Scanlon for a wide-ranging conversation about homegrow culture, cannabis legalization, Schedule III concerns, and the future of cannabis access in Illinois. Maddie shares details about her new Outdoor Grow Club through High Focus Media, designed to help everyday people successfully grow outdoor cannabis with community support, clones, supplies, and education throughout the season. The conversation also explores regulatory capture, hemp bans, medical cannabis, testing standards, cannabis lounges, certified supply models, and why both Maddie and Cole believe growing your own cannabis remains one of the most important forms of access and autonomy for consumers. Plus, they discuss cannabis beverages, hashmaking, outdoor cultivation myths, and the ongoing push to normalize the plant in Illinois and beyond. Watch video version and read full show notes here: https://thecolememo.com/2026/05/14/e278/

1. #278 – Homegrow, Schedule III, and the Future of Cannabis with Madeline Scanlon 01:08:40
2. #277 – Schedule III, Homegrow, and Interstate Cannabis? Breaking Down the Questions 01:14:23
3. Announcement and Quick Illinois Cannabis News Report 06:26
4. #275 – Illinois Cannabis News 46:33
5. #274 – Illinois Policy Stalls, Data Privacy Concerns, and the Hemp Drink Boom 33:51