South Carolina S 177: Search and Seizure, Marijuana Odor

Bill Text

2025-2026 Bill 177 Text of Previous Version (Jan. 14, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 177

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
17-13-180 SO AS TO PROVIDE THAT THE SCENT OF MARIJUANA ALONE DOES NOT PROVIDE 
LAW ENFORCEMENT WITH REASONABLE SUSPICION OR PROBABLE CAUSE TO SUPPORT A STOP, SEARCH, 
SEIZURE, OR ARREST.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 13, Title 17 of the S.C. Code is amended by 
adding:

 Section 
17-13-180. (A) A law enforcement 
officer may not:

 (1) 
stop a person or motor vehicle based solely on the scent of marijuana, 
cannabis, or hemp, whether burnt or not; or

 (2) 
search, or request to search, a motor vehicle, driver, or passenger in a motor 
vehicle, based solely on the scent of marijuana, cannabis, or hemp, whether 
burnt or not.

 (B) 
The scent of marijuana, cannabis, or hemp on its own, whether burnt or not, 
does not provide a law enforcement officer with reasonable suspicion or 
probable cause for a stop, search, seizure, or arrest.

SECTION 2. The repeal or amendment by this act 
of any law, whether temporary or permanent or civil or criminal, does not 
affect pending actions, rights, duties, or liabilities founded thereon, or 
alter, discharge, release or extinguish any penalty, forfeiture, or liability 
incurred under the repealed or amended law, unless the repealed or amended 
provision shall so expressly provide. After the effective date of this act, 
all laws repealed or amended by this act must be taken and treated as remaining 
in full force and effect for the purpose of sustaining any pending or vested 
right, civil action, special proceeding, criminal prosecution, or appeal 
existing as of the effective date of this act, and for the enforcement of 
rights, duties, penalties, forfeitures, and liabilities as they stood under the 
repealed or amended laws.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on January 14, 2025 at 12:32 PM