Florida Court Rules Police Cannot Search Cars Based Only on Marijuana Smell

2 October 2025

Florida’s Second District Court of Appeal has ruled that the odor of marijuana can no longer be the sole reason for police to search a vehicle. The ruling, issued October 1, 2025, reverses the court’s own 2021 precedent and reflects the evolving legal landscape surrounding cannabis.

The case arose from a 2023 traffic stop in Hillsborough County, where officers searched a car after detecting cannabis odor. The search led to the discovery of marijuana and MDMA, and the passenger was found in violation of probation. Although the appellate court maintained that the evidence in this case could stand because the search was legal under prior precedent, it used the opportunity to change the rule going forward.

Writing for the majority, Judge Nelly Khouzam stated that legislative changes, including legalization of medical cannabis and hemp, mean cannabis odor is not inherently indicative of contraband. The court concluded that smell may still play a role in probable cause decisions but must be considered alongside other factors.

Three judges wrote concurring opinions, stressing that cannabis odor cannot distinguish between legal and illegal possession. Two judges dissented, arguing that the ruling weakens law enforcement’s ability to address impaired driving and urging the legislature and Florida Supreme Court to intervene.

The ruling brings the Second District in line with the Fifth District Court of Appeal, which issued a similar opinion in 2024, and it formally certified the issue as one of “great public importance” for the Florida Supreme Court.

Florida joins a growing number of states rethinking how cannabis odor should be treated in policing. Courts and legislatures in Maryland, Minnesota, Illinois, and New York have recently moved to prevent smell alone from justifying vehicle searches. Advocates argue these changes protect constitutional rights and reduce disproportionate enforcement, while opponents raise concerns about road safety.

For Floridians, the ruling means that cannabis odor alone can no longer be used to justify a vehicle search, marking a significant shift in both criminal procedure and the balance between public safety and individual rights.