SPRINGFIELD, Ill. — The Illinois Supreme Court will rule later this year whether the smell of cannabis alone is enough to warrant a traffic stop or search.

Capitol News Illinois reports justices heard two cases Wednesday, each stemming from warrantless searches where state troopers smelled cannabis in a vehicle.

The cases are the first to come before the high court on the issue since the state legalized recreational cannabis use in 2020.

Attorneys for the people who were stopped and searched say the smell of cannabis alone should not be probable cause to search a vehicle—but the state argues cannabis must be transported in odor-proof packaging, meaning the odor equates to a Class A misdemeanor.

Several other state supreme courts have faced similar cases. The Minnesota Supreme Court recently denied the idea that the smell of cannabis is enough to constitute a search or would lead to criminal findings.

Most states to have faced this challenge — including Maryland, Pennsylvania and Utah — have determined the odor of cannabis alone is not enough to justify searching a vehicle.

Last spring the Wisconsin Supreme Court viewed the matter differently, with a 4-3 ruling that said a cannabis odor is enough for police to search a car.

Illinois’ decision on the matter is expected later this spring.