Does the Smell of Marijuana Still Justify a Vehicle Search in Tennessee? The Law Just Changed.

Introduction

For decades in Tennessee, police officers often relied on one thing to search a vehicle without a warrant:

👉 the smell of marijuana.

But Tennessee courts are now recognizing something important:

Legal hemp and illegal marijuana smell the same.

And that has changed the legal analysis surrounding probable cause searches in Tennessee.

A major Tennessee case —
State v. Andre JuJuan Lee Green — is now reshaping how these searches are analyzed.

The Old Rule

For years, many officers and courts treated the odor of marijuana as automatic probable cause to search a vehicle.

In other words:

Smell marijuana = search the car

That was the practical reality in many traffic stops.

What Changed?

Tennessee legalized hemp.

The problem?

👉 Hemp and marijuana smell virtually identical.

That means officers — and drug dogs — often cannot tell the difference between:

• legal hemp
• illegal marijuana

This created a major constitutional issue involving the
Fourth Amendment to the United States Constitution

The Green Case

In
State v. Andre JuJuan Lee Green, the Tennessee Supreme Court addressed this exact issue.

The case involved:

• a traffic stop
• a drug-sniffing dog alert
• a warrantless vehicle search

The defense argued that the canine alert was unreliable because the dog could not distinguish between legal hemp and illegal marijuana.

The Important Part Most People Miss

The Tennessee Supreme Court did NOT say:

“The smell of marijuana automatically creates probable cause.”

That’s the key shift.

Instead, the Court said courts must examine:

👉 the totality of the circumstances.

What “Totality of the Circumstances” Means

It means odor alone is no longer treated as an automatic green light for a search.

Instead, courts now look at:

• the odor
• the driver’s behavior
• statements made
• visible evidence
• other suspicious factors

The smell may still contribute to probable cause — but it is no longer as simple as:

“I smelled marijuana, therefore I searched.”

Why This Matters

This is a major issue in Tennessee criminal defense law because many cases begin with:

• a traffic stop
• an alleged odor
• a vehicle search

And those searches often lead to:

• drug charges
• firearm charges
• DUI investigations

The Reality of Traffic Stops

Here’s the practical problem:

Odor is subjective.

There is:

• no recording of smell
• no scientific measurement roadside
• no easy way to challenge it in the moment

That’s why these cases are heavily litigated.

What You Should Do During a Traffic Stop

If police ask to search your car:

Say:

“I do not consent to any searches.”

Then stop talking.

Do NOT:

• argue roadside
• admit to marijuana use
• try to explain

Because your statements may become part of the “totality of the circumstances.”

Why This Case Is Important Going Forward

The Green case makes one thing clear:

👉 Tennessee is moving away from treating marijuana odor as automatic probable cause by itself.

Instead, courts are now required to analyze the full picture.

That distinction matters enormously in criminal defense cases.

The Bottom Line

• The smell of marijuana is no longer as automatic as it once was
• Hemp legalization changed the analysis
• Courts must now consider the totality of the circumstances
• Vehicle searches can still be challenged

Your safest move during a stop:

“I do not consent to any searches.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If your vehicle was searched after a traffic stop:

👉 Don’t talk. Call 1-888-DRJUDGE

Search-and-seizure law in Tennessee is changing quickly — and your rights matter.