Legal Question in Traffic Law in Colorado

Depends. In theory the mere smell of raw marijuana should not, in of itself, be grounds for a warrantless search by a state or local law enforcement officer for a legal substance under state law. However, in reality, regardless of whether or not a person is under the influence,typically the police report will state something to the effect of: "Upon contact with the suspect I smelled a strong odor of burnt marijuana, suspect had bloodshot eyes, was slow to react to emergency equipment, acted confused, had a greenish or brownish substance on his tongue, and did not perform voluntary roadside tests as a sober person would.