(a) A law enforcement officer may not initiate a stop or a search of a person, a motor vehicle, or a vessel based solely on one or more of the following:
- (1) the odor of burnt or unburnt cannabis;
- (2) the possession or suspicion of possession of cannabis that does not exceed the personal use amount, as defined under § 5-601 of the Criminal Law Article; or
- (3) the presence of cash or currency in proximity to cannabis without other indicia of an intent to distribute.
(b) If a law enforcement officer is investigating a person solely for driving or attempting to drive a motor vehicle or vessel while impaired by or under the influence of cannabis in violation of § 21-902 of the Transportation Article or § 8-738 of the Natural Resources Article, the law enforcement officer may not conduct a search of an area of a motor vehicle or vessel that is not:
- (1) readily accessible to the driver or operator of the motor vehicle or vessel; or
- (2) reasonably likely to contain evidence relevant to the condition of the driver or operator of the motor vehicle or vessel.
- (c) Evidence discovered or obtained in violation of this section, including evidence discovered or obtained with consent, is not admissible in a trial, a hearing, or any other proceeding.
Added by Acts 2023, c. 802, § 2, eff. July 1, 2023.