New Ruling May Affect Cannabis Cases

In late September 2025, Florida’s 2nd District Court of Appeals reversed a long-standing state law, holding that the mere smell of cannabis is not sufficient grounds to stop and search a vehicle. In addition, the court certified the question to the state Supreme Court, essentially providing the grounds on which it could decide the issue. For drug defendants, this may result in a different handling of their cases.

No Longer Immediate Proof Of A Crime

In previous years, the smell of cannabis had been sufficient for Florida law enforcement to search a vehicle. However, the 2nd District argued in the majority opinion that since cannabis has become legal to possess under certain specific circumstances, mere smell is not sufficient probable cause to assume a crime is being committed. As a result, a search on those grounds might breach the Fourth Amendment protections against unreasonable search and seizure.

What this means for the average defendant, if this ruling is permitted to stand, is that any search of a vehicle predicated on detecting the smell of cannabis is invalid – and thus, any evidence obtained during that search might be declared invalid as well. If evidence is obtained as a result of an illegal search, the evidence is not permitted to influence a jury’s determination of guilt or innocence.

A Potential Future Defense

As of this writing, this ruling is law in the 2nd District. The 5th District Court of Appeals has also issued a similar ruling in the past – but other Florida districts have come down in favor of retaining the smell of cannabis as probable cause to search a vehicle. In Florida, this kind of district split means that a court must certify the question to the Supreme Court, permitting it to issue an opinion to settle the issue.

If the Supreme Court agrees with the 2nd District, it may be possible for your attorney to argue that a search of your vehicle was illegal, casting doubt on the prosecution’s ability to establish guilt. It remains to be seen what the ultimate outcome will be, but a good attorney will always keep up with changes in the law and use it in your best interests.

Contact A West Palm Beach Drug Crimes Attorney

If you have been charged with cannabis possession or distribution, a West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can ensure your rights are protected, regardless of what the law says otherwise. Call our office today to speak to an attorney.

Source:

tallahassee.com/story/news/local/state/2025/10/02/florida-court-says-police-cant-search-cars-for-marijuana-smell/86474392007/