Smell of Marijuana no longer enough to establish probable cause in MA. Search can be thrown out.
Due to the recent decriminalization of marijuana in Massachusetts, it is no longer enough for the police to smell marijuana in the course of a stop to conduct a search of that vehicle. Because it is no longer an illegal substance in this State, the arresting officer must observe that the person appears to be under the influence of that substance in order to have probable cause to conduct a search. This means an increasing