JACKSONVILLE, Fla. — A second Florida appeals court has ruled police cannot search a person’s vehicle simply because they smell marijuana.
Since the legalization of medical marijuana in 2017 and the legalization of hemp in 2018, Florida law enforcement has been faced with a “smelly” dilemma.
“It has been very difficult for law enforcement to know if they could rely on what they had been doing for, you know, 150 years prior to this where marijuana was just illegal and if you smelled it, a crime was being committed,” said Jacksonville criminal defense attorney Alex King.
>>> STREAM ACTION NEWS JAX LIVE <<<
Criminal defense attorney Alex King explained previously, if an officer smelled marijuana, the “Plain Smell” doctrine automatically gave them probable cause to search a vehicle.
But a new ruling from a Florida appellate court is further stripping away that precedent.
The new ruling aligns with another appellate court ruling that came out last year, which determined due to the shifting legal landscape around hemp and medical marijuana, smell alone cannot be used to justify a search.
“Just because there’s the smell of marijuana doesn’t mean somebody’s breaking the law,” said King.
Some law enforcement agencies have already been operating under that premise, including the Jacksonville Sheriff’s Office, which changed its policy after the 2024 ruling.
“JSO’s current practices already comply with the Court’s ruling,” a JSO spokesperson told Action News Jax in an emailed statement. “JSO will continue to conduct searches consistent with the law.”
[DOWNLOAD: Free Action News Jax app for alerts as news breaks]
But unlike last year’s ruling, the ruling issued this week goes further by asking the Florida Supreme Court to weigh in on the issue to clear up the confusion once and for all.
“The state supreme court ultimately will hopefully accept the invitation by the district court of appeal to give us more clear guidance, you know, for legal professionals, for prosecutors, for law enforcement and for the general public to know what can lead to a search of your vehicle lawfully and what can’t,” said King.
As it stands, smell can’t be the only factor used to justify probable cause for a search, but it can be a “relevant” factor.
King advised that if an officer searches your vehicle, even if you think they may not have probable cause, you should always comply in the moment.
Arguments over the legality of the search are best left for the courtroom.
[SIGN UP: Action News Jax Daily Headlines Newsletter]
