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Can the police in New Jersey use the odor of burnt marijuana for a DWI Investigation? NJ v J Cooper
Can the police in New Jersey use the odor of burnt marijuana for a DWI investigation? A lot has changed since the decriminalization of marijuana in New Jersey under CREMMA. How does this effect DWI Investigations? The court is starting to give us some guidance on this issue. Though this is an unpublished opinion that does not set precedence or hard rules for the future, NJ v Jamie Cooper decided on October 1, 2025 gives us some guidance on this issue. The full opinion can be read here: https://www.njcourts.gov/system/files/court-opinions/2025/a1806-24.pdf STAY SAFE AND SUBSCRIBE FOR MORE! As always, the items described in these cases are for information only. Determine how the situation impacts you in your agency and in your state. Follow your state laws, state guidelines, and department policy and address questions to your superiors and legal advisors.





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