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SB2095 • 2026

Warrantless search; odor of marijuana insufficient to provide probable cause for.

AN ACT TO PROVIDE THAT THE ODOR OF MARIJUANA ALONE SHALL NOT PROVIDE A LAW ENFORCEMENT OFFICER WITH PROBABLE CAUSE TO CONDUCT A WARRANTLESS SEARCH OF A MOTOR VEHICLE, HOME OR OTHER PRIVATE PROPERTY; AND FOR RELATED PURPOSES.

Crime
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Hickman
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill text does not specify the exact scope of changes to existing search laws beyond the odor of marijuana.

Marijuana Odor Not Enough for Search

This bill says that police cannot search a car, house, or other private property just because they smell marijuana.

What This Bill Does

  • Says the smell of marijuana alone is not enough to give police probable cause to search without a warrant.

Who It Names or Affects

  • Law enforcement officers who might smell marijuana during an investigation.
  • People whose property could be searched based on the smell of marijuana.

Terms To Know

Probable cause
A reasonable belief that a crime has been or is being committed, which allows police to search without a warrant.
Warrantless search
A search conducted by the police without first getting permission from a judge in the form of a warrant.

Limits and Unknowns

  • The bill did not pass and was not signed into law.
  • It only applies to searches based on smell alone, not other evidence or circumstances.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-08 Mississippi Legislative Bill Status System

    01/08 (S) Referred To Judiciary, Division B

Official Summary Text

Warrantless search; odor of marijuana insufficient to provide probable cause for.

Current Bill Text

Read the full stored bill text
S. B. No. 2095 *SS36/R430* ~ OFFICIAL ~ G1/2
26/SS36/R430
PAGE 1 (ens\kr)
ST: Warrantless search; odor of marijuana
insufficient to provide probable cause for.
To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hickman

SENATE BILL NO. 2095

AN ACT TO PROVIDE THAT THE ODOR OF MARIJUANA ALONE SHALL NOT 1
PROVIDE A LAW ENFORCEMENT OFFICER WITH PROBABLE CAUSE TO CONDUCT A 2
WARRANTLESS SEARCH OF A MOTOR VEHICLE, HOME OR OTHER PRIVATE 3
PROPERTY; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Notwithstanding any provision of law, the odor of 6
marijuana alone shall not provide a law enforcement officer with 7
probable cause to conduct a warrantless search of a motor vehicle, 8
home or other private property. 9
SECTION 2. This act shall take effect and be in force from 10
and after July 1, 2026. 11