State v. Dejournett – Smell of Marijuana and Probable Cause

In State v. Dejournett, the Ninth District Court of Appeals affirmed a conviction after upholding the denial of a motion to suppress a handgun discovered during a vehicle search. An officer stopped Dejournett’s car, approached the window, and detected a strong odor of burnt marijuana, then searched the vehicle and found a firearm, leading to a conviction for having weapons under disability. On appeal, Dejournett argued that, because Ohio has legalized medical and recreational marijuana, the smell of burnt marijuana alone should no longer establish probable cause to search a car. The court rejected that argument and held that, under existing Ohio Supreme Court precedent, the odor of burnt marijuana by itself still provides probable cause to search a vehicle, even if no marijuana is ultimately found. The court also upheld drug- and alcohol-related community-control conditions as reasonably related to his offense and his history.

For drivers, Dejournett is an important reminder that the smell of marijuana, standing alone, can still justify a full search of a vehicle in Ohio, despite recent changes in marijuana law.