AZ: Scent of marijuana alone is not probable cause in a medical marijuana state

The scent of marijuana alone is not probable cause in a medical marijuana state. More is required. State v. Sisco, 2015 Ariz. App. LEXIS 119 (July 20, 2015):

P2 We address here the effect of the Arizona Medical Marijuana Act (AMMA), A.R.S. §§ 36-2801 through 36-2819, on determinations of probable cause. That Act renders possession, cultivation, and use of marijuana lawful under some circumstances. Accordingly, those circumstances—not the mere possession itself—now determine whether such activity is criminal or permitted under state law. For this reason, and for the reasons stated below, we hold that the scent of marijuana, standing alone, is insufficient evidence of criminal activity to supply probable cause for a search warrant. We emphasize this holding is a limited one. Probable cause can arise when the scent of marijuana is coupled with additional, commonly evident facts or contextual information suggesting a marijuana-related offense. However, no such information was presented here. We therefore reverse the denial of Sisco’s suppression motion and remand the case to the trial court. Our disposition makes it unnecessary to address the evidence supporting his conviction of child abuse.