US EditionFla. Court Ruling: Police Can't Search Cars Based only on Pot Smell
The court ruled cannabis odor alone no longer justifies vehicle searches due to legal medical marijuana and hemp, aligning with Fourth Amendment protections, said Judge Nelly Khouzam.
- On Wednesday, the District Court of Appeal of Florida Second District ruled police cannot search vehicles based only on smelling cannabis, reversing the 'plain smell' doctrine and citing Fourth Amendment protections.
- Changes to how medical marijuana and hemp are regulated by the Florida Legislature have fundamentally altered cannabis definitions, undermining odor-based probable cause.
- The case began with a 2023 traffic stop in Hillsborough County when officers smelled cannabis, searched the car, and found marijuana and molly on passenger Darrielle Ortiz Williams, who was on probation; the appeals court declined to suppress the evidence because officers relied on binding precedent.
- The decision reverses the 2nd District's 2021 precedent and aligned its ruling with last year's 5th District Court of Appeal opinion, certifying the issue as one of great public importance for the Florida Supreme Court.
- Concurring judges including Judge J. Andrew Atkinson argued smell alone does not establish probable cause and should be weighed with other factors, while Judge Craig Villanti dissented, warning of highway safety risks and urging legislative or Florida Supreme Court action.
13 Articles
13 Articles
Florida Court Blocks Police From Using The Smell Of Marijuana Alone To Search Vehicles - Marijuana Moment
A Florida court has ruled that police cannot search a person’s vehicle based only on the smell of marijuana. The District Court of Appeal of Florida Second District on Wednesday issued an opinion, authored by Judge Nelly Khouzam, overturning a lower court decision that upheld the “plain smell doctrine” that has long permitted cannabis odor to be used as a pretense for vehicle searches. The policy was challenged in district court after a man had …
The Scoop: Thurs. Oct. 2, 2025 Tampa Bay and Florida headlines by WMNF
Police officers can no longer search vehicles on the basis of smelling pot Citing the U.S. Constitution’s Fourth Amendment protections against unreasonable search and seizure, the 2nd District Court of Appeals court said legislative changes have “fundamentally changed its definition and regulation” and made cannabis legal to possess in multiple forms. ACLU of Florida sues DeSantis for not holding an election to fill a vacant seat It’s been almos…
Tallahassee Reports
News Service of FloridaCourt Curbs Searches Based on Pot Smell
By Jim Saunders, The News Service of Florida TALLAHASSEE — Pointing to laws allowing use of medical marijuana and hemp, a state appeals court Wednesday reversed course and said police officers can’t search vehicles only on the basis of smelling cannabis. The 2nd District Court of Appeal’s main opinion said that for “generations, cannabis was illegal in all forms — thereby rendering its distinct odor immediately indicative of criminal activity.” …
Sun-Sentinel
Orlando SentinelPolice can’t search vehicles based only on marijuana smell, Florida court says
TALLAHASSEE — Pointing to laws allowing use of medical marijuana and hemp, a state appeals court Wednesday reversed course and said police officers can’t search vehicles only on the basis of smelling cannabis. The 2nd District Court of Appeal’s main opinion said that for “generations, cannabis was illegal in all forms — thereby rendering its distinct odor immediately indicative of criminal activity.” But the opinion said legislative changes have…
Coverage Details
Bias Distribution
- 50% of the sources lean Left
Factuality
To view factuality data please Upgrade to Premium
