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SB 12

Issuing citations; certain traffic offenses and odor of marijuana, exclusion of evidence.

2026 Regular Session Introduced by Bill DeSteph and 1 co-sponsor

Virginia bill prohibits citations and evidence collection based solely on marijuana odor during traffic stops, narrowing police search authority.

Passed by indefinitely in Courts of Justice (9-Y 5-N)
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WeVote Research Nonpartisan
Bill Summary · SB 12

Legislative bill overview

SB 12 would prohibit law enforcement from issuing citations or conducting searches based solely on the odor of marijuana as probable cause or reasonable suspicion. The bill excludes evidence obtained from searches initiated purely because of marijuana odor, effectively narrowing grounds for traffic stops and vehicle searches in Virginia.

Why is this important

This bill directly impacts police authority during traffic enforcement and vehicle stops—among the most common police-citizen interactions. It addresses concerns about discriminatory enforcement practices and Fourth Amendment protections, while creating practical questions about how officers conduct investigations when multiple factors are present.

Potential points of contention

  • Police enforcement concerns: Law enforcement may argue the bill hampers their ability to detect drug trafficking and creates loopholes, especially if marijuana odor accompanies other indicators of criminal activity
  • Legalization context: Virginia legalized marijuana possession in 2020, making odor-based stops potentially problematic for consensual conduct, yet marijuana remains federally illegal and possession of large quantities is still a crime
  • Evidentiary complexity: Determining whether evidence was "solely" based on marijuana odor versus other factors (traffic violations, suspicious behavior) could create litigation and enforcement ambiguity

Compiled from official sources — confirm details with the bill’s official record.

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