Opponents of cannabis decriminalization often state we should keep it criminalized in order to help law enforcement catch bad guys, and indeed it serves as an important tool for justifying searches on individuals and premises. After all, these searches may turn up more harmful criminal activities or individuals with warrants. LEO’s will often admit that in many cases they are not really after the pot and may even ignore the offense if no other offenses are found.

From a public safety standpoint, allowing “I smelled marijuana” to serve as probable cause for search may on net improve safety, but we should reject this notion because these searches are basically unconstitutional. Cannabis use, after all, is not what most officers are really after; it’s a justification.

The Fourth Amendment was not created by accident; the power to search without cause can and often is abused by LEOs, and the especially militarized flavor of drug raids in the U.S. is often needlessly violent and deadly.

When cannabis is no longer criminalized, yes, searching individuals based on a hunch (without real cause) will be harder—the goal of the Bill of Rights was not to make policing easy—but consider if we had never criminalized cannabis and it had at least as many users as it currently does. Knowing what we now know about the mild harms of the drug, would we really choose to turn at least several million people into regular criminals in order to give LE the power to search them without cause and occasionally using violent SWAT raids?

No we would not and should not. If anything this “LE tool” argument is a reason to decriminalize.