BOSTON (AP) — Police can’t pull over drivers just because they detect the smell of marijuana coming from their car.

The state’s highest court issued the ruling Tuesday in the case of a New Bedford police officer who pulled over a driver in 2012 based on the odor of marijuana coming from the car and without witnessing any traffic violation.

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The Supreme Judicial Court pointed to a 2008 ballot question approved by Massachusetts voters that decriminalized possession of one ounce or less of marijuana.

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The court argued that because of the new law, the smell of unburnt marijuana no longer constitutes probable cause to believe that a criminal amount of the drug is present.

The court said allowing such stops encourages police to continue investigating individuals suspected of possessing marijuana in the same manner as before decriminalization.

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