South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0177

Introduced
1/14/25  

Caption

Search and Seizure, Marijuana Odor

Impact

If enacted, S0177 would significantly impact law enforcement practices across South Carolina. Law enforcement officers would be prohibited from acting on the scent of marijuana alone, which could lead to fewer stops and searches that are currently justified by that criterion. The aim is to enhance civil liberties and reduce instances of potential racial profiling or arbitrary law enforcement actions linked to marijuana scent detection.

Summary

Bill S0177 proposes to amend the South Carolina Code of Laws by introducing Section 17-13-180, stating that the mere scent of marijuana, cannabis, or hemp cannot be used by law enforcement officers as the sole basis for reasonable suspicion or probable cause to stop, search, seize, or arrest individuals. This change aims to clarify the legal boundaries regarding the scent of marijuana and its implications for law enforcement procedures.

Contention

Debates around S0177 may involve varying opinions on the implications for public safety and civil rights. Proponents of the bill emphasize its importance in protecting individual rights from overreach by law enforcement, arguing that utilizing the odor of marijuana as a reason for stopping individuals infringes on civil liberties. Conversely, critics may raise concerns about the potential challenges this could pose for law enforcement’s ability to effectively manage drug-related issues.

Companion Bills

No companion bills found.

Previously Filed As

SC HB496

Criminal procedure; scent of marijuana, cannabis, or hemp; provide imitations on stops, searches, seizures, or arrests

SC SB2320

Warrantless search; odor of marijuana insufficient to provide probable cause for.

SC SB2095

Warrantless search; odor of marijuana insufficient to provide probable cause for.

SC SB56

Revise medical and adult-use marijuana laws; levy marijuana taxes

SC HF2631

Right of citizens to be secure from unreasonable searches and seizures expanded to include unreasonable searches and seizures of electronic communications and data.

SC S1056

Open Containers of Marijuana Products in Motor Vehicles

SC S350

Marijuana Justice and Reinvestment Act

SC S937

Marijuana and Vapor Products Reform

SC SF452

Constitutional amendment providing the right of citizens to secure from unreasonable searches and seizures includes protection against unreasonable searches and seizures of electronic communications and data

SC SF707

Constitutional amendment providing the right of citizens to be secure from unreasonable searches seizures including protection against unreasonable searches and seizures of electronic communications and data

Similar Bills

No similar bills found.