Florida court rules police can't search vehicles just because they smell like pot

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October 06 2025

The Ruling

Florida’s 2nd District Court of Appeal ruled police cannot search vehicles solely due to cannabis odor. The Wednesday decision reverses a 2021 ruling. It aligns with the 5th District’s stance last year.

Legal Shift

Cannabis laws have changed. A 2016 voter amendment legalized medical cannabis. Hemp products are also legal. The court said cannabis odor no longer indicates illegal activity. The “plain smell doctrine” is abandoned. Searches now require multiple factors under Fourth Amendment protections.

Case Details

In 2023, Hillsborough County officers stopped a car with Darrielle Ortiz Williams as a passenger. They smelled cannabis, searched the vehicle, and found cannabis and “molly.” Williams, on probation, faced violation charges. The court upheld the evidence, citing reliance on prior precedent.

Court’s Reasoning

Judge Nelly Khouzam wrote the opinion, joined by nine judges. Cannabis’s legal status has shifted. Odor alone doesn’t justify searches. The court certified the issue for the Florida Supreme Court.

Dissent

Judge Craig Villanti dissented, warning of public safety risks. He argued legal cannabis complicates law enforcement. Villanti hopes the Legislature or Supreme Court clarifies the issue. Concurring judges included Patricia Kelly and Edward LaRose.

Implications

Legal cannabis and hemp challenge policing. Villanti suggests legislative review to address criminal exploitation. The ruling protects drivers but may complicate enforcement.