Body Cam: Illinois Police Raid Legal Cannabis Grow

In April 2024, police executed a search warrant at the home of Josh Anderson, an Illinois medical cannabis patient who was growing cannabis at home. Anderson was a registered medical cannabis patient at the time of the investigation.

Registered medical cannabis patients are currently the only Illinois residents permitted to cultivate cannabis at home. State officials have confirmed that registered patients have no possession limit on cannabis produced through home cultivation.

I obtained body-camera footage from the raid, photos of evidence, court transcripts, and other records documenting the investigation and the criminal case that followed.

The case ultimately included a Franks hearing challenging the search warrant, where testimony focused in part on what police knew about Anderson’s status as a medical cannabis patient before the warrant was executed.

During the hearing, an Ogle County Sheriff’s deputy testified that Anderson’s medical cannabis status would typically have been reasonable and prudent to include in the search-warrant affidavit. The deputy also testified that, to his knowledge at the time of the hearing, that information had not been disclosed to the judge who issued the warrant.

The deputy also agreed that at least three Ogle County Sheriff’s Office officers knew Anderson was a medical cannabis cardholder before the April 10, 2024 search warrant was executed.

An Ogle County Sheriff’s Office lieutenant testified about several factors investigators considered in seeking the search warrant, including fans, a heating and air-conditioning unit, electrical usage and what appeared to be a grow tent.

The smell of cannabis also came up during the hearing. The lieutenant testified that he smelled cannabis while conducting surveillance of Anderson’s residence. When questioned by Anderson’s defense attorney, the lieutenant agreed that cannabis odor is a legal odor.

Anderson’s defense argued that cannabis odor was not, by itself, an indicator of criminal activity. One place where odor can have legal significance is inside a motor vehicle, where state law requires cannabis to be transported in an odor-proof container.

The judge ultimately agreed that the omission of Anderson’s cardholder status justified suppressing the evidence that was seized during the search. The state filed an appeal, but the ruling was upheld.

After more than two years, the charges against Anderson were dismissed and authorities agreed to return equipment seized from his home.

Photo: Ogle County Sheriff’s Office

Watch the story

A short version of the story, including body-camera footage from the raid, is available below:

The full episode includes additional body-camera footage, interviews with Anderson, court records, evidence photos and a closer look at the investigation and court proceedings:

For more information about cannabis home grow laws in Illinois, including additional reporting and state guidance, visit ColeMemo.com/homegrow.

More reporting

Local reporting about Anderson’s case and the events surrounding the raid:

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