NW Illinois News

Li Arellano Jr., the state senator for Illinois District 37, announced that a provision in Senate Bill 42 aims to limit the power of law enforcement to better protect communities from impaired drivers. He made this statement on Facebook.

"Senate Democrats advanced SB 42, which removes the requirement that cannabis be stored in odor-proof containers and prevents law enforcement from stopping or searching a vehicle solely based on the smell of cannabis," said Li Arellano, Jr., according to Facebook. "This proposal undermines law enforcement and weakens their ability to identify impaired drivers. If the smell of alcohol warrants further investigation, why should cannabis be treated differently?"

Senate Bill 42 is anticipated to proceed to the House for further deliberation. Senate Republicans maintain that the smell of cannabis has traditionally been a reasonable and constitutionally accepted basis for investigating potential impairment and removing drivers under the influence to ensure public safety.

Screenshot of State Senator Li Arellano's April 24 Facebook post | State Senator Li Arellano Jr.'s Facebook page

According to Capitol News Illinois, the Senate Criminal Law Committee voted 7-3 to advance Senate Bill 42. In 2024, the Illinois Supreme Court ruled that police do not have probable cause to search a vehicle based solely on the smell of burnt cannabis, although the smell of raw cannabis does provide probable cause for a search. State Supreme Court Justices were divided on whether the smell of raw cannabis is sufficient for a vehicle search. Justice P. Scott Neville argued that the raw cannabis smell reliably indicates that cannabis is currently in the vehicle, not in an odor-proof container. However, Justice Mary Kay O’Brien disagreed, stating that while the odor of burnt cannabis may suggest recent use, raw cannabis does not necessarily indicate consumption.

Senate Bill 42, sponsored by Senator Rachel Ventura and filed on January 13, 2025, passed the Senate on April 10 and moved to the House, where Representative Curtis J. Tarver II is the chief sponsor. The bill eliminates the requirement that cannabis in any area of a motor vehicle must be in an odor-proof container. It also states that law enforcement may not stop or search a vehicle occupied by an individual over the age of 21 solely based on the odor of burnt or raw cannabis. As of April 17, according to its webpage, the bill has been assigned to the House Judiciary Criminal Committee.

Arellano served as mayor of Dixon from 2015 to 2023, focusing on restoring fiscal integrity, improving local infrastructure, and fostering economic development. After achieving his goals and honoring his commitment to term limits by not seeking a third term, he transitioned back into private business ownership with two Jimmy John’s franchises, a frozen yogurt shop called The Frosted Spoon, and a commercial property leasing company. Additionally, Arellano serves as a Sergeant in the U.S. Army Reserves and is currently a squad leader with the 317th Engineer Construction Company in Homewood, Illinois.