“Medical marijuana use pursuant to AMMA is lawful under Arizona law,” said Judge Peter Eckerstrom in the court’s ruling. “Therefore its scent alone does not disclose whether a crime has occurred.”
Now, cops must come up with additional evidence in order to justify and obtain a warrant.
“Were we to adopt the state’s suggestion that scent alone furnishes probable cause of a crime, medical marijuana patients would become second-class citizens, losing their rights to privacy and security, including privacy within their own homes,” said Eckerstrom.
The ruling sets immediate precedent across the state.