Maryland Appeals Court Rules Cannabis Odor Can Justify Vehicle Search When Occupants Are Under 21

ANNAPOLIS, Md. — For Maryland drivers, one of the biggest changes that came with cannabis legalization was the rule that the smell of marijuana alone generally could not justify a vehicle search. A new ruling from Maryland’s second-highest court creates an important exception — when officers know everyone inside the vehicle is younger than 21.

The Appellate Court of Maryland ruled Thursday, July 30, 2026, in Sudler & Trotter v. State of Maryland that police may search a vehicle after smelling cannabis if they also know all of its occupants are under 21. Because Maryland law still prohibits cannabis possession by anyone younger than 21, the court concluded that odor combined with the occupants’ age provides probable cause to conduct a search.

Judge Kathryn Graeff authored the opinion for a three-judge panel, which upheld convictions stemming from two separate Worcester County traffic stops.

What The Court Decided

Since July 1, 2023, Maryland law has prohibited police from searching a vehicle based solely on the odor of cannabis. The restriction took effect alongside Maryland’s legalization of recreational cannabis for adults 21 and older and applies statewide, including throughout Calvert, Charles and St. Mary’s counties.

The court said this case presented a different question.

Because cannabis possession remains illegal for anyone younger than 21, officers who smell cannabis and already know everyone inside the vehicle is underage have more than odor alone supporting probable cause.

Writing for the court, Graeff explained that “the searches were not based solely on the odor of cannabis.” Instead, she wrote, they were based on “the odor of cannabis, plus the knowledge that the occupants of the vehicle were under 21 years of age.”

The court concluded that Maryland’s odor-search law does not prevent officers from considering additional facts that establish probable cause, including the known ages of the vehicle’s occupants.

The decision is significant because it is the first published Maryland appellate ruling to answer this question. It gives police, prosecutors, defense attorneys and trial judges guidance on how similar cases should be handled across the state unless the Supreme Court of Maryland later changes or overturns it.

The Two Cases

The first occurred around 3 a.m. July 21, 2023, when Ocean City police stopped a vehicle because of a broken registration tag light. After approaching the vehicle, an officer smelled cannabis and learned all four occupants were under 21.

Police searched the vehicle and recovered a handgun.

Rear-seat passenger Jaylen Sudler was later convicted of possessing a regulated firearm while under 21. He received a two-year sentence with all but 60 days suspended, followed by 18 months of supervised probation.

The second stop happened shortly before 1 a.m. March 24, 2024, after officers stopped a vehicle with a broken headlight.

Again, an officer smelled cannabis and determined all three occupants were younger than 21.

The search uncovered a handgun and a small amount of cannabis beneath the front passenger seat occupied by Tizonn Trotter.

Trotter was convicted of possessing a regulated firearm while under 21 and sentenced to three years in prison, with all but one day suspended, followed by three years of supervised probation.

Why The Defendants Challenged The Searches

Attorneys for both men argued the General Assembly enacted Maryland’s cannabis odor-search law in part to reduce racially disparate vehicle searches after legalization. They argued the prohibition should apply regardless of the occupants’ ages.

The appellate court acknowledged that reducing racial disparities was among the Legislature’s policy goals when it approved the Cannabis Reform Act.

However, the judges concluded the statute’s language prohibits searches based solely on cannabis odor. Because officers in these cases also knew every occupant was under 21 — making cannabis possession unlawful — the court determined the searches were supported by probable cause.

The opinion states that reading the law any other way would prevent officers from investigating an offense that remains illegal under Maryland law.

What This Means For Maryland Drivers

The ruling does not allow police to stop a vehicle simply because they believe they smell cannabis.

In both cases, officers had already made lawful traffic stops for equipment violations before detecting cannabis odor.

For adults 21 and older, the general rule remains unchanged: Cannabis odor alone generally does not authorize police to search a vehicle.

Under this decision, however, officers who smell cannabis and then learn that everyone inside the vehicle is under 21 may use those facts together as probable cause to conduct a search. Maryland law still prohibits people under 21 from possessing cannabis, although possession of a personal-use amount by someone under 21 generally is treated as a civil offense.

The decision is significant because it is the first reported Maryland appellate ruling to answer this specific question. It gives police, prosecutors, defense attorneys and trial judges guidance on how similar cases should be handled across the state.

The defendants may ask the Supreme Court of Maryland to review the decision. Until then, the Appellate Court’s ruling remains in effect.

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