Burnt marijuana smell not proof of drug: Canadian court

0 Comments | AFP, February, 2008

OTTAWA (AFP) — A Saskatchewan appeal's court upheld a decision that the smell of burnt marijuana is not evidence of illegal drug possession since by definition the proof has gone up in smoke, it said Wednesday.

"The smell of burnt marijuana does not reasonably support the inference that additional marijuana is present," the three-judge panel said in newly-released court filings.

Thus, police "did not have reasonable grounds to search" the truck of Archibald Janvier after his roadside arrest in 2004 for narcotics possession, the judges said in maintaining his acquittal.

Police had originally stopped Janvier's truck in La Loche, Saskatchewan, in western Canada, to ticket him for a busted tail light.

At trial, the arresting officer testified he had...