Florida court says police officers can’t search vehicles solely based on smelling marijuana

OG Article By Jim Saunders

October 03 2025

Overview

• Florida appeals court rules police cannot search vehicles based solely on cannabis odor.

• Decision reverses "plain smell doctrine" for cannabis.

• Cites 2016 medical cannabis amendment, hemp laws.

Legal Shift

• 2nd District Court of Appeal aligns with 5th District ruling from 2024.

• Odor alone no longer establishes probable cause, per Fourth Amendment.

• Search requires "totality of circumstances," like other contraband.

Case Details

• Hillsborough County, 2023: Officers stopped car, smelled cannabis.

• Passenger Darrielle Williams, on probation, had cannabis and "molly."

• Search led to probation violation; evidence upheld due to prior precedent.

Majority Opinion

• Judge Nelly Khouzam: Legal cannabis changes make odor unreliable for searches.

• Joined by Chief Judge Matthew Lucas, Judges Northcutt, Silberman, Morris, Black, Sleet, Rothstein-Youakim, Smith, Labrit.

Concurring Opinion

• Judge J. Andrew Atkinson: Cannabis odor equally likely to indicate legal use.

• Joined by Judges Kelly, LaRose.

Dissent

• Judge Craig Villanti: Cannabis legalization doesn’t decriminalize all possession.

• Safety concerns for drivers impaired by cannabis.

• Joined by Judge Moe.

Context

• Reverses 2021 2nd District ruling allowing cannabis odor searches.

• 2016 voter amendment legalized medical cannabis; hemp laws followed.

• Issue certified to Florida Supreme Court for review.

Dissent’s Call

• Villanti urges Legislature to address legal loopholes.

• Warns of criminal exploitation due to cannabis legalization.

Related

• Sheriff Waters opposes Amendment 3, cites cannabis smoke odor.

• Study shows cannabis reduces back pain.