Franklin County Judge Mark Serrott ruled Tuesday that Columbus police had probable cause to search a car after smelling marijuana and watching how the driver behaved during a traffic stop, a search that prosecutors say turned up suspected explosive material. The ruling stems from an Oct. 2, 2025, stop on East Welch Avenue and tees up a likely appeal over how Ohio’s marijuana legalization affects warrantless vehicle searches.
Judge relied on federal law and officers' observations
In his decision, Serrott said officers were allowed to factor in that marijuana possession is still a federal crime and to consider the driver’s statements and movements when deciding whether to search, according to reporting by The Columbus Dispatch. He also indicated that an appeal would be useful to sort out the growing tension between Ohio’s legalization framework and the continuing federal ban.
Precedent is conflicted after legalization
Ohio law is pulling in two directions. In 2000, the Ohio Supreme Court held in State v. Moore that a trained officer’s detection of marijuana odor could justify a vehicle search. More recent appellate rulings, however, have reined that in in light of legalization. In 2025, the First District Court of Appeals ruled in State v. Gray that odor by itself is not automatically enough and instead must be evaluated under the totality of the circumstances. That split leaves trial judges to navigate competing guideposts. The debate is framed by the Ohio Supreme Court’s older opinion in State v. Moore and the First District’s later decision in State v. Gray.
Traffic stop on East Welch Avenue
As described by The Columbus Dispatch, officers pulled over a vehicle on East Welch Avenue on Oct. 2, 2025, and reported smelling raw marijuana as they approached. The driver denied having marijuana and got out of the car. Officers say they then found a tin containing suspected explosive black powder. A bomb squad later located eight additional devices, and an officer with military training identified the powder. Prosecutors subsequently charged the driver with two felony counts tied to possession or manufacturing of explosive devices.
Charges, appeals and what's next
Franklin County prosecutors have charged the driver with two felonies for possession of dangerous ordnance and for possessing or manufacturing explosives, according to court records and reporting. If the suppression ruling is appealed, the case would go to Ohio’s 10th District Court of Appeals, the standard appellate path for Franklin County cases, as outlined by the Franklin County Clerk of Courts.
Why the ruling matters beyond this case
Serrott’s decision drops into a patchwork of rulings nationwide over whether cannabis odor alone can justify a warrantless search, a question that has produced sharply different answers in recent years. In Michigan, for example, the state’s high court has limited odor-only car searches in the wake of legalization, a shift reflected in CBS News coverage, and other appellate courts have taken similar steps.
