Driving Under the Influence of Marijuana

Q: Now that marijuana is decriminalized, is the smell of marijuana coming from my vehicle, reasonable cause to search my vehicle without a warrant?

A: This is a very interesting question because whilst it is legal to have in one’s possession no more than 30 grams of cannabis, the following is also true according to the Dangerous Drugs (Amendment)Act 2019, which will eventually be incorporated into the Dangerous Drugs Act:

5C. A person who-

(a)   whilst under the influence of cannabis, does anything which constitutes negligence, professional malpractice, or professional misconduct;

(b) has cannabis or cannabis resin in his possession-

(i) on a school bus; or

(ii) in or on any premises where children are present for the purposes of education or attending or participating in any sporting or cultural activity; or

(c) operates, navigates, or is in actual physical control of any motor vehicle, aircraft, or ship whilst under the influence of cannabis, commits an offence and is liable on summary conviction to a fine of two hundred and fifty thousand dollars and to imprisonment for five years.

However, in some very interesting cases being handed down in the United States regarding “Sniff & Search”, the courts have held that “Police still can use the smell of marijuana as justification to search a vehicle... But they can’t search anyone in the vehicle unless they find evidence of a crime, not even if police find a small amount of marijuana.”

Be that as it may in America, let’s see how these issues surrounding new marijuana laws unfold in Trinidad and Tobago.

Trinidad and Tobago police search powers

Q: What are the laws on car searches without a warrant?

A: The police can stop and search any person, vehicle, and anything in or on the vehicle for certain items, but they must have reasonable grounds (e.g., smell of marijuana or suspicious behaviour by occupants) for suspecting that they will find evidence (weapons, drugs, stolen property, masks, gloves, etc.). Outside of this, a warrant is required under Section 41 of the Summary Courts Act 1918, as amended.

However, if a crime has occurred and the police have been given permission to set up a road block, they can stop and search you without having reasonable grounds for suspecting they will find the aforementioned items.

The police can become trespassers if they do not act within the law because without their legal powers, they are considered regular citizens. This has been established since Entick v Carrington [1765], where Lord Camden CJ said: Our law holds the property of every man so sacred, that no man can set his foot upon his neighbour’s [property] without his [permission]; if he does, he is a trespasser, though he does no damage at all; if he will tread upon his neighbour’s ground, he must justify it by law…

This case has set a precedent all over the world, even being the reason behind the Fourth Amendment to the United States Constitution.