Should restaurant patrons who smell like weed be denied service at a restaurant? That’s the question South Africans are asking after one of the country’s top rappers was denied service along with two friends. 

South African rapper Emtee was denied service, along with two fellow rappers, from a branch of Mike’s Kitchen in Johannesburg, South Africa earlier this month after the restaurant complained that they smelled like weed. (Personal cannabis use at home is decriminalized and medical use is legal in South Africa.) The incident is prompting a national debate about the odor of cannabis in public spaces, and many people think the rappers were profiled as well.

Emtee, who has millions of followers on Instagram, along with rappers Uncle Vinny and Yungseruno, said they were refused entry from Mike’s Kitchen in Parktown because they were “smelling of weed and had too many tattoos.” The restaurant chain is known for South African heritage-based dishes.

TimesLIVE, South Africa’s second-biggest news website, reports that Emtee’s lawyers demanded an apology from Mike’s Heritage House in the upscale Parktown neighborhood of Johannesburg or he will take legal action against the restaurant.

“We decided to go have lunch at Mikes Kitchen, Parktown,” Emtee said. “We were dropped off. We walked in and as we were being ushered to our table, a white man comes and tells us to leave because we ‘smell of weed and we had too many tattoos’. Mind you, our transport has left. This ho ass nigga kicked out the yard,” Emtee said.

While apartheid ended decades ago, a severe case of race inequality remains rampant in Johannesburg, with nearly 40% of Black South Africans unemployed, a much higher ratio than their white counterparts. South African leaders, however, are currently taking measures to promote equity. On April 12, 2023, South African President Cyril Ramaphosa signed into law the Employment Equity Amendment Bill of 2020, which enacts “equity targets” to promote equity in the business sector.

Emtee sounded fed up after being denied entry from the restaurant, suggesting racism was at play as well.

“Fuck Mikes Kitchen in Parktown!” Emtee said. “You are about to get served. The fuck!? Fuck y’all food! At this, you are all fucking with me and my guys for nothing. Talking about ‘I’m gonna call the police’, call them! Scary ass bitch. Say never go to Mikes Kitchen Parktown. The son of biches is racist! Yeah I said! You all gone have to kill me. Mikes kitchen in Park Town is going down!”

Emtee’s legal representatives have demanded that Mike’s Kitchen issue a public apology on Wednesday to the star or they will proceed with legal action.

Mike’s Kitchen publicist Melinda Shore told TimesLIVE, “We are handling this privately. It’s not a matter they want to handle in the media. It’s being handled and taken seriously.”

Emtee responded by posting a video on Instagram of himself buying a bottle of cologne, probably referring to the Mike’s Kitchen incident.

“They say I’m this, they say I’m that,” Emtee posted on Instagram. “They forgot to tell you I smell best. When you see, embrace me.”

“My life isn’t easy but I woke up feeling blessed,” Emtee sings on his latest single. “Smokin’ on that zaza, tryna balance out the stress…”

In the U.S. the E-Bar restaurant in Dallas, Texas also discriminates against and denies service to patrons if they smell like weed.

Cannabis Reform in South Africa

Last November, the South African National Assembly approved a bill that would decrminalize the personal use of cannabis. The Cannabis for Private Purposes Bill has been in the works since the country decriminalized private cannabis use in 2018 and now heads to the National Council of Provinces for concurrence. While it’s legal at home, it’s still illegal to smoke outside of one’s private dwelling, and it’s also illegal to buy or sell cannabis. Medical cannabis may also be prescribed.

Democratic Alliance Member of Parliament Janho Engelbrecht spoke about the bill in the National Assembly, highlighting adults will only be allowed to use cannabis privately in their homes and sales will still be strictly prohibited should the measure pass.

“People should bear in mind what this bill is about. It is about cannabis for private use by adults. You are not allowed to buy or sell cannabis, because this still remains a criminal activity with severe consequences. If you want to smoke it, you have to grow it, don’t buy it,” Engelbrecht said.

Despite decriminalization and medical cannabis in the country, South Africa still is in need of change.

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If Minnesota police search a vehicle solely based upon the smell of pot, they can’t justify searching a vehicle, even if there is evidence found of other alleged crimes. Even after appealing a lower court decision to suppress the evidence—twice—the Minnesota Supreme Court agreed, and the dismissal of his charges stands.

In a ruling filed regarding a case the State of Minnesota Court of Appeals on Sept. 13, the Minnesota Supreme Court affirmed that cannabis odor does not constitute probable cause to search a vehicle.

The case has been ongoing for two years. On July 5, 2021, just before 10 p.m., a Litchfield police officer stopped a car for an obscure local law: the light bar mounted on the vehicle’s grill had more auxiliary driving lights than are permitted under Minnesota law. The officer asked the driver, Adam Lloyd Torgerson, for his license and registration. Torgerson, his wife, and his child were present in the vehicle. The officer stated that he smelled pot and asked Torgerson if there was any reason for the odor, which he initially denied. But cops found a lot more than just pot.

A backup officer was called in. The couple denied possessing any pot, but Torgerson admitted to smoking weed in the past. The second officer stated that the weed odor gave them probable cause to search the vehicle and ordered them to exit the vehicle. The first officer searched the vehicle and found a film canister, three pipes, and a small plastic bag in the center console. The plastic bag contained a white powder and the film canister contained meth, which was confirmed in a field test.

Torgenson was charged with possession of meth pipe in the presence of a minor and fifth-degree possession of a controlled substance after the unwarranted search of Torgerson’s vehicle. 

Police Aren’t Allowed to Do That, Multiple Courts Rule

But the search had one major problem—cops weren’t searching for a meth pipe. They only searched his car because they could smell pot, and the meth and paraphernalia were a surprise for everyone. Still, they had no grounds to search the vehicle. The man’s charges were later dismissed after the district court determined the odor of cannabis alone was insufficient basis for probable cause to search the vehicle, regardless of whatever other drug paraphernalia they found. 

The state appealed the case, but the Minnesota Court of Appeals affirmed the district court’s decision. The case was appealed a second time, this time to the Minnesota Supreme Court, which agreed with the lower court’s ruling. 

 “This search was justified only by the odor of marijuana emanating from the vehicle,” the Minnesota Supreme Court decision reads. “Torgerson moved to suppress the evidence found during the search, arguing that the odor of marijuana, alone, is insufficient to create the requisite probable cause to search a vehicle under the automobile exception to the warrant requirement. The district court granted Torgerson’s motion, suppressed the evidence, and dismissed the complaint. The State appealed. The court of appeals affirmed the district court’s suppression order. Because we conclude that the odor of marijuana emanating from a vehicle, alone, is insufficient to create the requisite probable cause to search a vehicle under the automobile exception to the warrant requirement, we affirm.”

It amounts to basic human rights that apply—regardless of whether or not a person is addicted to drugs.

Other States do Precisely the Same Regarding Pot Odor as Probably Cause

An Illinois judge ruled in 2021 that the odor of cannabis is not sufficient grounds for police to search a vehicle without a warrant during a traffic stop.

Daniel J. Dalton, Associate Judge of the 14th Judicial Circuit, issued a ruling in response to a motion to suppress evidence in the case of Vincent Molina, a medical cannabis patient arrested for cannabis possession last year.

In that case, Molina was arrested despite the decriminalization of small amounts of cannabis in Illinois in 2019 with the passage of the Illinois Cannabis Regulation and Tax Act. 

In some states, the issue of probable cause and cannabis was defined through bills.

Last April, the Maryland House of Delegates approved a bill that reduces the penalties for public cannabis consumption and bars police from using the odor of cannabis as the basis for the search of an individual or auto. Under Maryland’s House Bill 1071, law enforcement officers would be prohibited from using the odor of raw or burnt cannabis as probable cause to search a person or vehicle. 

The rulings represent the rights of citizens when they are pulled over by police, even if there are hard drugs involved.

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Tex-Mex restaurant E-Bar has been the talk of the town for its anti-stoner policy that is spelled out in a sign posted on its window: “If You Have The Smell Of Marijuana On You We Will Not Serve You.” (“Marijuana” is underlined for good measure.)

The signage has drawn recent attention, including in a story published Wednesday by The Dallas Observer.

But the owner of the restaurant, Ernie Quinlantan, told the publication that the policy has actually been enforced for five years. The Observer noted that sometimes “when the windows are cleaned, the sign gets taken down, then is put back up in a place that is not quite so obvious.”

“People reeking of marijuana, it just ruins everybody’s experience around them, you can’t possibly have a great meal with someone who has that much odor,” Quinlantan told the Observer.

Quinlantan also downplayed the significance of the rule, saying that most customers are unbothered.

“Some people have something to say, it depends on the person, but most of the time it’s not an issue,” Quinlantan said.

The rule has not gone over well on social media, however. E-Bar’s Instagram account is filled with announcements, including multiple posts reminding customers to wear a mask at the restaurant. Another proudly displays an award naming E-Bar the best Tex-Mex restaurant in Dallas three years ago. 

But the comment sections of many of the account’s posts have been littered with sarcastic remarks and outright anger directed at the rule.

“Congrats on being the only [Tex Mex] restaurant to monetize the Latino culture while also diminishing it by supporting stigmas rooted in associating cannabis with the Latino community by calling it marijuana,” wrote one Instagram user. “Do you think none of your staff or family consume cannabis?”

“Do you have a list of smell restrictions?” snarked another commenter “Also, is the person smelling customers certified by the SCA (Sniffers Commission of America)?”

Recreational cannabis is illegal in the Lone Star State, of course, but change could be afoot.

Last November, voters in five Texas cities approved ballot measures to decriminalize pot. In one of those cities, Denton, officials ignored the will of the electorate and voted in June “against adopting the ordinance that would have decriminalized marijuana.”

Polls show that a majority of Texans are in favor of lifting the prohibition on marijuana use. 

A Dallas Morning News/University of Texas at Tyler Poll last August found that 55% of registered voters in Texas support the legalization of adult-use cannabis. 

Thirty-four percent said they “strongly” support the legalization of recreational cannabis for adults, and 21% said simply that they support the change, according to the poll.

Fourteen percent said they were simply opposed, with 21% saying they were “strongly” opposed. Another 9% said they neither supported nor opposed the idea.

So far, the legalization effort has not gained much traction among Texas lawmakers in Austin. But the legislature has taken steps to broaden the state’s medical cannabis program.

In April, members of the state House of Representatives signed off on a bill that would allow physicians to recommend medical cannabis as an option for chronic pain treatment rather than opioids.

“Passage of this legislation will provide qualified patients with a state-sanctioned option to access a therapy that has proven to offer significant benefits,” the NORML chapter of Texas said at the time. “Medical cannabis is an objectively safer alternative to the array of pharmaceutical drugs that it could potentially replace. I urge my fellow Texans to voice their support for this important legislation and to reach out to their Senators to encourage their backing as it moves through the legislative process.”

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The Wisconsin Supreme Court ruled this week that the scent of cannabis alone constitutes probable cause to justify a search by police, despite the legalization of other products such as hemp that have similar odors. The court’s conservative majority ruled in a 4-3 decision that police officers in Marshfield, Wisconsin, had enough probable cause to search a defendant after detecting the smell of cannabis in the car he was driving and declined to exclude evidence discovered during the warrantless search. The ruling overturns two lower court rulings that found the evidence gained in the search was inadmissible because officers could not be certain if they smelled marijuana, which is still illegal under Wisconsin state law, and hemp, an agricultural crop that was legalized by the federal government with the 2018 Farm Bill.

The court handed down the decision on Tuesday in the case of Quaheem Moore, a man who was pulled over for speeding in Marshfield by two police officers in 2019. In their report, the officers state that while talking to Moore, they detected a strong odor of burnt cannabis emanating from the vehicle. When questioned about the odor, Moore told the officers that he had a CBD vaping device and noted that the vehicle was a car that had been rented by his brother. 

Scent of Cannabis Cited as Cause for Search

Although they admitted that they did detect the odor of marijuana on Moore, the officers cited the scent of cannabis coming from the car as cause to search the vehicle and Moore. The officers stated that during the search, they noted that Moore’s belt buckle appeared to be askew and upon looking closer, discovered a bulge in his pants. After closer examination, the officers discovered a hidden pocket inside the zipper of Moore’s pants, where they discovered packets of fentanyl and cocaine.

Police then arrested Moore and charged him with possession of narcotics, although he was not charged with possession of marijuana. Moore’s lawyers argued that because the police officers did not smell marijuana on Moore and because of the legality of CBD and hemp, which has an odor indistinguishable from marijuana, the police officers did not have probable cause for the search. Thus, the drugs found in the search should be excluded from evidence.

A circuit court judge and an appeals court agreed and ruled that the evidence discovered in the search was not admissible. Prosecutors appealed the rulings, saying the lower courts erred when they ruled the evidence inadmissible for trial.

Decision Overrules Lower Courts in Wisconsin

The Supreme Court disagreed with the previous rulings, overruling the lower court decisions and deciding the evidence gained in the search could be used in court. In a majority opinion written by Justice Brian Hagedorn, the court’s conservative majority found that because Moore was the only person in the vehicle, the police could reasonably assume that he “was probably connected with the illegal substance the officers identified.”

The decision relied on a 1999 Supreme Court decision that found police could arrest a driver because they connected him to the odor of cannabis in the car he was driving. That ruling said that the “unmistakable” scent of a controlled substance was evidence that a crime had been committed.

But the Wisconsin Supreme Court’s liberal minority questioned the 1999 ruling and its relevance to Moore’s case, saying that the police officers did not have strong evidence that the cannabis odor was coming from Moore. They also noted that the earlier ruling is outdated and does not take into account the subsequent legalization of hemp and CBD. 

“Officers who believe they smell marijuana coming from a vehicle may just as likely be smelling raw or smoked hemp, which is not criminal activity,” Justice Rebecca Frank Dallet wrote in a dissenting opinion that was joined by two additional justices.

After Tuesday’s Supreme Court ruling was released, Moore’s attorney, Joshua Hargrove, warned that the decision could allow law enforcement offices to justify searches based on unreliable conclusions without being held accountable in court.

“This opinion could subject more citizens engaged in lawful behavior to arrest,” he said in a statement quoted by the Associated Press.

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Members of the Illinois House of Representatives are considering a bill that would ban police searches of vehicles based solely on the odor of cannabis. The measure, Senate Bill 125, has been assigned to two House legislative committees after gaining the approval of the Illinois Senate in a 33-20 vote late last month.

Democratic Senator Rachel Ventura, the lead sponsor of the legislation, said that SB 125 will help people who use cannabis legally avoid searches by law enforcement simply because police perceive the odor of marijuana.

“People—especially people of color—are unnecessarily pulled over far too often,” Ventura said about the legislation in a statement. “The odor of cannabis alone shouldn’t be one of those reasons (for their car to be searched). Cannabis is legal in Illinois and it’s a pungent scent that can stick to clothes for extended periods of time.”

If passed by the House and signed into law by Democratic Governor J.B. Pritzker, Senate Bill 125 would amend the Illinois Vehicle Code to state that “the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of the motor vehicle, vehicle operator, or passengers in the vehicle,” provided that the vehicle is operated by an individual at least 21 years old. 

At a press conference on April 11, Democratic Representative Jehan Gordon-Booth said that Senate Bill 125 is needed to fully implement Illinois’ recreational marijuana legalization bill, which was passed by state lawmakers and signed by Pritzker in 2019. Under the legislation, adults 21 and older are permitted to possess up to 30 grams (just over one ounce) of cannabis and up to five mature cannabis plants. Non-residents of Illinois at least 21 are permitted to possess up to 15 grams.

“It was incredibly important as we were looking to legalize this product that has clearly demonized so many communities,” said Jehan Gordon-Booth.

Weed In Cars Must Be Inaccessible

Senate Bill 125 also requires that cannabis possessed by drivers or passengers in motor vehicles driven on state roadways be kept in a sealed or resealable, child-resistant container in a secure location not accessible.

An amendment to the original bill limits the protection from vehicle searches based on the odor of marijuana to autos operated by adults 21 and over. When the change was made to allow searches of vehicles operated by younger drivers, the Illinois chapter of the American Civil Liberties Union (ACLU) dropped its support of the bill and instead adopted a neutral stance on the legislation.

“We do have concerns that the amendment to the bill creates a workaround, or a loophole, that could have the effect of incentivizing police to target youth for unnecessary traffic stops or vehicle searches,” Atticus Ballesteros, an attorney with the ACLU of Illinois, told the Rockford Register Star.

Ballesteros added that the ACLU of Illinois originally supported the bill because there are numerous reasons a vehicle may smell of cannabis.

“And to us, that applies irrespective of age,” Ballesteros said.

Bill Opposed By Law Enforcement

Law enforcement officials including Illinois Sheriff’s Association executive director Jim Kaitschuk oppose Senate Bill 215 and are calling on lawmakers in the House to reject the measure barring vehicle searches based solely on the odor of weed.

“You can’t have endless marijuana in a vehicle,” Kaitschuk told The Center Square. “It’s only legal to a certain amount. Are we also going to inhibit the ability to intervene when the smell of burnt cannabis may be coming from the vehicle, when the motorists may actually be impaired?”

Kaitschuk added that he is concerned that if passed, the legislation could make it more difficult for law enforcement officers to address the illicit market for cannabis and other drugs.

“I think this bill will have the ability to impact illicit markets in terms of people being able to carry more of the drug than they should,” he said. “Plus, folks may traffic marijuana cannabis to mask other drugs that may illegally be in the vehicle.”

Kaitschuk added that he thinks the bill is a solution to a problem that does not exist.

“We’re not just stopping people because we smell cannabis,” he added. “That’s not a probable cause to stop a car. There has to be some other action or activity that occurred in terms of violation of the Vehicle Code that got us there.”

Senate Bill 125 was passed by the Illinois Senate on March 30 and is now pending in the state House of Representatives, where it has been assigned to the Rules Committee and the Executive Committee. A hearing on the legislation has been scheduled by the Executive Committee to be held at the state capitol in Springfield on April 19.

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The Maryland House of Delegates passed a bill on April 10 that bars police from using the odor of cannabis as the basis for the search of a person or automobile. The measure, House Bill 1071, also lowers the civil fine for consuming cannabis in public to $50. 

The bill was approved by the Maryland House by a vote of 101-36 in the closing minutes of the legislative session Monday night after passing in the state Senate with amendments earlier in the day. The legislation now heads to the desk of Democratic Gov. Wes Moore for consideration.

Bill Bans Searches Based on Odor of Weed

Under House Bill 1071, law enforcement officers would be prohibited from using the odor of raw or burnt cannabis as probable cause to search a person or vehicle. Supporters of the legislation maintain that the bill is required to fulfill the intent of Question 4, a ballot referendum to legalize recreational marijuana that passed with nearly two-thirds of the vote in the midterm elections last year. House Bill 1071 also bans searches based on possession of a legal amount of marijuana or the presence of cash in the proximity of cannabis without additional evidence showing an intent to distribute marijuana.

Question 4, which takes effect on July 1, legalizes possession of up to 12 grams of cannabis for personal use. Possession of between 12 and 20 grams will be a civil offense, punishable by a fine of up to $250. Possession of cannabis in quantities greater than 20 grams will be a misdemeanor carrying penalties including up to six months in jail and a fine of up to $1,000.

Because possession of cannabis will still be illegal in amounts greater than 12 grams, legalization advocates say House Bill 1071 is necessary to protect the rights of legal cannabis users. The legislation follows a court decision from the Maryland Supreme Court last year that upheld police authority to briefly detain and search individuals based on the odor of cannabis, despite the state’s legalization of medical marijuana in 2013. Assistant Maryland Public Defender Michele Hall, who unsuccessfully argued the Supreme Court case, told the House Judiciary Committee last month that police will continue to conduct searches based solely on the perceived odor of cannabis.

“Legalization alone did not fix this problem,” Hall told the House Judiciary Committee last month, according to a report from the Maryland Daily Record.

“As long as odor supports Fourth Amendment intrusion, Marylanders legally engaging in the cannabis market are at risk,” added Hall. “Alleging odor of cannabis alone is nothing more than a blank check for police to intrude upon a person’s right to privacy in the hopes of finding something criminal, and the Fourth Amendment requires more.”

The legislation to ban police from using the odor of marijuana as probable cause for a search is also supported by the Maryland chapter of the American Civil Liberties Union.

“Marijuana odor stops and searches not only pose serious risk to people’s Fourth Amendment rights, they enable racial profiling and dangerous and unnecessary police interactions,” Yanet Amanuel, the chapter’s public policy director, told the Judiciary Committee in March.

“This is why it is critical that the legislature must step up and ensure that the law and police practices are consistent with the reason you all said you support legalization of marijuana and, most importantly, the law reflects the will of the people,” Amanuel added. “Marylanders should not fear police interactions because of a lingering odor of a now legal substance.”

Meg Nash, a partner at the cannabis and psychedelics law firm Vicente LLP, said that legislation such as House Bill 1071 is needed to ensure that the legalization of cannabis is enforced equally.

“It’s encouraging to see Maryland tackling the harmful impacts of the war on drugs, not only through adult use legalization, but by revisiting sections of their criminal code,” Nash wrote in an email to High Times on Wednesday. “These types of laws are necessary to protect the rights of individuals in states, like Maryland, that have legalized cannabis for adult use and show the state’s commitment to addressing harms to communities that have been disproportionately impacted by prohibition.”

House Bill 1071 also reduces the fine for public consumption of cannabis from $250 to $50. After receiving final passage in the closing minutes of the current legislative session Monday night, the bill has been sent to the governor’s desk for consideration.

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Nick Kyrgios stopped his match yesterday to complain about marijuana odors. We want to know: Who had the loud?

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Which kinds of cannabis consumption are the stinkiest? Check out this helpful infographic to see which weed consumption methods are loudest.

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Colorado police arrested a man based on the “in plain smell” doctrine, but could they really smell weed in the car?

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