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 his probation revoked when police pulled over a car he was in, claimed to smell marijuana, forced the occupants to exit the vehicle to conduct a search and discovered cannabis and pills.
But while it might have made sense in the past to use cannabis odor as a pretext for a search when it was strictly prohibited, the state’s laws have “fundamentally” changed, the appellate court said, referencing the legalization of hemp and medical marijuana in Florida.
“For generations, cannabis was illegal in all forms—thereby rendering its distinct odor immediately indicative of criminal activity. But several legislative amendments over the years have fundamentally changed its definition and regulation,” it said. “The cumulative result is that cannabis is now legal to possess in multiple forms, depending
Read full article on Marijuana Moment
