What does illegality smell like?

Rethinking the 'smell of cannabis' as a justifiable motive for police intervention in Puerto Rico.

Section 10 of Article II of the Constitution of the Commonwealth of Puerto Rico limits unjustified state intrusion when it is carried out unreasonably. The purpose of

The aforementioned constitutional provision aims to protect the right to privacy and dignity of the individual against arbitrary and unreasonable actions by the State. This constitutional protection extends to motor vehicles, although the expectation of privacy is lower in a car.

As a general rule, law enforcement officers must obtain a court-issued warrant before conducting a search. However, there are exceptional situations that validate a search without a warrant. Among these, case law has established that it is valid to intervene without a warrant if the officer perceives a crime in plain sight and that the perception of smell is analogous to perception in plain sight.

Therefore, in criminal law, the smell of marijuana is considered a valid reason or

probable cause for a vehicle search without a warrant. Just cause is a reason that

allows a prudent agent to reasonably believe that the person to be detained is

committing a crime, or that there is evidence of one. In Puerto Rico, even today, if a person is stopped for a minor infraction such as not wearing a seatbelt and when the window is rolled down their vehicle smells of cannabis, in any of its forms, the officer could order the person to get out of the car and investigate further.

Puerto Rico now has a regulated medicinal cannabis industry, and also

a growing number of stores selling hemp and other similar products, which in many cases share the same aroma as cannabis, in any of its forms.

To argue that the smell of cannabis justifies a police intervention represents a

setback in the progress of the industry, especially when as a society we continue

Combating the stigma and prejudice associated with cannabis use. The aroma can come from authorized consumption or legal cannabis-derived products. However, the social and legal reality has changed. In jurisdictions where marijuana has been decriminalized or partially legalized, the smell alone is no longer sufficient grounds for police intervention, as it does not necessarily imply criminal activity.

It is worrying that, in Puerto Rico, in 2025, there is still no dialogue about the

There is a need to review this criterion. It is time to reevaluate this approach. Understanding that odor does not equate to illegality will prevent unfair and unpleasant situations for patients.

Authorized individuals and law-abiding citizens are not exempt. There are numerous legal products on the island that can produce aromas similar to smoked cannabis or cannabis in any of its forms without violating any regulations. Therefore, insisting on using the smell of marijuana as a valid reason for a search ignores the social, scientific, and legal advancements that are already part of our legal system.

Mr. Gabriel Sifre

CONSULTANT

@unamoñasinpelo