2/19/16 Arizona Court of Appeals holds odor of marijuana can justify probable cause notwithstanding AMMA.
In State v. Cheatham, the Arizona Court of Appeals held that the Arizona Medical Marijuana Act (AMMA) does not prevent police officers from using the odor of burnt marijuana as probable cause to justify a search. In Cheatham the police stopped a motor vehicle and smelt the odor of burnt marijuana. The officer then conducted a search of the vehicle and found marijuana. In a possession of marijuana case the defendant argued that since AMMA made possession legal the police could not use the odor of a legal substance to justify a search for illegal drugs. The court of appeals held that marijuana possession is still illegal in Arizona and AMMA is an affirmative defense to possession for qualified individuals who can use the defense after the possession of the marijuana is established. Since possession is still illegal the police can use the odor of burnt marijuana as probable cause to justify a search.
https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2015/CR%2014-0072.pdf
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