Dope might be legal, but driving while impaired is not. This doesn’t make a lot of sense
Maybe it means the smell of marijuana as opposed to the smell of marijuana smoke ? Someone transporting it would not necessarily be intoxicated, but strong weed carries an odor. On the other hand, the smell of burnt weed, in a solo occupancy vehicle would seem to be probable cause to suspect intoxication. In fine Freeper form, I did not read the article ;)