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Can Police Search Your Car for Smelling Weed in Florida?
Updated August 29, 2026, with Ptomy v. State and the current statewide picture. Originally published October 2025; previously updated January 2026 with Cherfils v. State.
| Key Takeaway: In the Tampa Bay area, the smell of cannabis alone is no longer enough for police to search your car — Florida’s Second District threw out that rule in 2025 because legal hemp and medical marijuana smell identical to illegal cannabis. But odor plus other factors can still justify a search, what you say during the stop often supplies those factors, and courts in other parts of Florida are still upholding odor-based searches. The Florida Supreme Court has been asked to settle the question statewide. |
I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I taught criminal procedure at the police academy, so I know exactly how officers are trained to build a search from a smell — and our attorneys review the recording of every odor-based stop for the moment that training shows.
Can Police Search Your Car Just Because It Smells Like Marijuana?
Not in Hillsborough, Pinellas, or Pasco County — the odor of cannabis, standing alone, no longer establishes probable cause here. In Williams v. State, No. 2D2023-2200 (Fla. 2d DCA Oct. 1, 2025), the Second District Court of Appeal — the appellate court covering Tampa Bay — sitting en banc, held that “the smell of cannabis standing alone is insufficient to establish probable cause,” receding from its own prior precedent.
| Williams v. State (Fla. 2d DCA 2025) (en banc): “[U]nder the updated statutory text, the smell of cannabis standing alone is insufficient to establish probable cause. In doing so, we recede from prior precedent to the contrary, thereby aligning the analysis for cannabis with the totality-of-the-circumstances approach that broadly applies to other Fourth Amendment questions.” |
The reason is simple chemistry meeting new law: since Florida legalized medical marijuana and hemp, a trained officer cannot tell by smell whether the odor comes from something illegal or something perfectly lawful. The smell no longer makes contraband “immediately apparent” — so it can no longer do the work of probable cause by itself. Odor remains a relevant factor, but it must be combined with something more. Our attorneys have been filing suppression motions built on Williams since the week it came down.
What Happened in Williams — and Why the Evidence Still Came In
Williams began the way these cases usually do: a 2023 traffic stop in Hillsborough County where officers said they smelled cannabis and searched on the odor alone — no admission of use, no indication whether the smell was hemp, medical marijuana, or illegal cannabis, and no evidence of recent smoking in the vehicle. The en banc court used the case to recede from Owens v. State, its 2021 decision holding that the legalization amendments didn’t change the Fourth Amendment analysis.
But there is a catch every reader should understand: the defendant in Williams still lost. Because the officers searched at a time when the old rule (Owens) was still binding precedent, the court applied the good-faith exception — evidence is not suppressed when officers act in objectively reasonable reliance on the appellate law in force at the time of the search. The practical translation: the new rule protects people searched after October 1, 2025, far more than those searched before. And because the change is so consequential, the court certified the question to the Florida Supreme Court as one of great public importance: does the plain smell doctrine continue to apply based only on the odor of cannabis? That question is still pending, and this page will be updated when it is answered.
When Can Odor Still Justify a Search? The Cherfils Lesson
When the smell comes with other facts — and in Cherfils v. State, No. 2D2023-1932 (Fla. 2d DCA Dec. 31, 2025), the same court showed exactly how that happens. Joshua Cherfils was stopped in a high-crime area for an improperly illuminated license tag. The officer smelled burnt marijuana. Cherfils became argumentative and nervous, then produced his medical marijuana card and admitted smoking earlier in the day — but the officer testified the odor was “a lot more than just if someone smoked earlier.” The court held that, under the totality of the circumstances, the officer could reasonably conclude Cherfils had been illegally smoking marijuana in the vehicle — and upheld the search.
| Factor in Cherfils | Why it counted against him |
| Medical marijuana card produced | Signaled medical marijuana — which is illegal to smoke in a vehicle — rather than legal hemp |
| Admission of smoking earlier | Confirmed the source of the odor was marijuana, not hemp |
| Intensity of the burnt odor | Contradicted his timeline — suggesting recent smoking in the car |
| Nervous, argumentative behavior | Added to the totality of the circumstances |
| High-crime area | A contextual factor courts still weigh |
The Brancato Law Firm, P.A. — Tampa search and seizure defense — (813) 727-7159
Read Williams and Cherfils together and the rule for our district is clear: smell alone loses; smell plus your own words and behavior can win — for the State.
Why Showing Your Medical Marijuana Card Can Backfire
Because the card converts a legally ambiguous smell into evidence of a crime. Hemp is legal to possess and use almost anywhere; medical marijuana is legal to possess but — under section 381.986, Florida Statutes — illegal to smoke in a vehicle. When Cherfils volunteered his card and his earlier smoking, he eliminated the innocent explanation (hemp) and handed the officer reason to believe the smell came from marijuana smoked in the car.
| Warning: You are not required to explain a smell to the police. Producing a medical marijuana card during a traffic stop, or admitting you smoked “earlier,” can supply exactly the additional facts that turn an unsearchable odor into probable cause. Provide your license, registration, and insurance — and let your attorney do the explaining later. |
This is the counseling moment our attorneys wish more drivers got in advance: the Second District’s new rule is powerful, but nearly every case that loses under it loses because of what the driver said in the first ninety seconds of the stop.
August 2026 Update: Other Districts Keep Upholding Odor-Based Searches
Outside the Second District, Florida’s appellate courts are continuing to uphold vehicle searches built on the smell of marijuana — most recently in Ptomy v. State, No. 1D2025-1029 (Fla. 1st DCA Aug. 19, 2026). Applying a totality-of-the-circumstances approach, the First District affirmed a search where officers smelled marijuana in the vehicle and the driver’s own answers dispelled any lawful explanation for the scent — no hemp, no medical marijuana account that held up.
Ptomy leaned on two other recent decisions that show where the rest of the state stands: Aldama v. State, 394 So. 3d 148 (Fla. 3d DCA 2024), which found probable cause where the driver denied having a medical marijuana card or medical marijuana in the car — answers that ruled out any lawful source for the smell — and Hoehaver v. State, 389 So. 3d 766 (Fla. 5th DCA 2024), which held that the odor of burnt marijuana coming from inside a vehicle supplied probable cause. Notably, the Fifth District has also held en banc — in Baxter v. State, 389 So. 3d 803 (Fla. 5th DCA 2024) — that because the plain smell of cannabis is no longer clearly indicative of criminal activity, the odor alone cannot even supply reasonable suspicion for an investigatory stop. So even outside Tampa Bay the direction of travel is the same: the smell needs company.
Here is the statewide picture as of August 2026:
| District (covers) | Current approach to cannabis odor |
| Second DCA — Hillsborough, Pinellas, Pasco, and nearby counties | Odor alone is NOT probable cause (Williams); odor plus other factors can be (Cherfils) |
| First DCA — North Florida | Odor plus answers that rule out a legal explanation is probable cause (Ptomy, Aug. 2026) |
| Third DCA — Miami-Dade area | Odor plus answers dispelling a lawful explanation is probable cause (Aldama) |
| Fifth DCA — Central Florida | Odor alone cannot even justify a stop (Baxter, en banc), but burnt odor from inside the vehicle supplied probable cause (Hoehaver) |
The Brancato Law Firm, P.A. — (813) 727-7159
The practical lesson hasn’t changed — it has sharpened. In every district, what you say during the stop is what converts a smell into a search. Until the Florida Supreme Court answers the certified question from Williams, the rule genuinely depends on where you were stopped — and our attorneys apply the right district’s law to every suppression motion we file.
What Do Officers Have to Show Now?
Facts beyond the smell — articulated specifically, not recited from training. Since Williams, an officer in our district who writes “I detected the odor of marijuana” and nothing more has written a suppression motion for the defense. What the case law now separates:
| Generally NOT enough (odor alone) | May be enough (odor plus) |
| “I smelled marijuana coming from the vehicle” | Odor plus a medical marijuana card produced during the stop |
| “Strong odor of cannabis” | Odor plus an admission of smoking |
| “Based on my training and experience” | Odor intensity suggesting recent smoking in the vehicle |
| Any odor-only justification | Odor plus visible paraphernalia, contraband, or dishonest answers |
The Brancato Law Firm, P.A. — Tampa drug and search defense — (813) 727-7159
When our firm litigates these motions, the body camera is the battleground: the report’s neat “totality of circumstances” often turns out, on video, to be an odor and nothing else. That is a winnable case in the Second District today.
What Should You Do If Your Car Was Searched Based on Smell?
Get the search reviewed now, because the timing of your stop controls which rule applies. Searches conducted after October 1, 2025, in Hillsborough, Pinellas, or Pasco County are governed by Williams — odor alone is not probable cause, and a motion to suppress may take the State’s evidence off the table entirely. Earlier searches face the good-faith exception, but may have other defects: an unlawful stop, an overlong detention, or “additional factors” that exist only in the report. Bring the paperwork and any recording to counsel before your arraignment; suppression issues are won by lawyers who get to the video early.
Frequently Asked Questions: Cannabis Odor and Car Searches in Florida
Can police search my car for smelling marijuana in Florida?
Not based on the smell alone in the Tampa Bay area — Williams v. State ended that in October 2025. But odor combined with other factors, especially your own statements, can still justify a search, and other Florida districts continue to uphold odor-based searches. Our attorneys evaluate exactly which rule applied to your stop.
What is the plain smell doctrine?
It was the rule that the smell of cannabis, by itself, gave officers probable cause to search — treating the odor as automatically incriminating. The Second District receded from it in Williams because legal hemp and medical marijuana are indistinguishable from illegal cannabis by smell. Odor is now just one factor in the totality of the circumstances.
Should I show my medical marijuana card during a traffic stop?
Be very careful — in Cherfils, producing the card helped establish probable cause, because it signaled the smell came from medical marijuana, which is illegal to smoke in a vehicle. You are not required to explain a smell. In our cases, the card is best presented by counsel, in context, after the stop.
Does this ruling make marijuana legal in Florida?
No. Possession remains illegal except for medical marijuana obtained through a licensed dispensary and hemp within legal THC limits. Williams changed what justifies a warrantless search — not what is legal to possess.
Does the Williams rule apply everywhere in Florida?
No. Williams and Cherfils bind the Second District — Hillsborough, Pinellas, and Pasco among its counties — while the First, Third, and Fifth Districts have all recently upheld odor-based searches where the smell was burnt or the driver’s answers ruled out a legal explanation (Ptomy, Aldama, Hoehaver). Until the Florida Supreme Court answers the certified question, the rule depends on where you were stopped — and our attorneys brief the right district’s law in every motion.
What if my car was searched based on odor before October 2025?
The good-faith exception likely protects that search from suppression on odor grounds alone, because officers were relying on the law in force at the time — that is exactly what happened in Williams itself. But earlier searches often have other problems worth reviewing: the lawfulness of the stop, the length of the detention, and whether the claimed “additional factors” hold up on video.
Can a drug charge be dropped if the search was illegal?
Often, yes — when a suppression motion removes the drugs from evidence, the State frequently cannot proceed. The Brancato Law Firm, P.A. has litigated suppression in Tampa Bay courtrooms for decades, and post-Williams odor searches are among the most suppressible cases we see. Call (813) 727-7159 for a free case review.
For more about our defense strategies, visit our Tampa Drug Crimes Attorney page.
Related reading: Florida Medical Marijuana and Paraphernalia Transportation Laws · What to Do After Being Arrested in Tampa, Florida · How Does a Bond Hearing Work in Tampa? · The Criminal Court Process in Hillsborough County
Searched Over a Smell? The Law Just Moved in Your Favor
If your vehicle was searched based on the odor of cannabis in Hillsborough, Pinellas, or Pasco County, the rules that applied a year ago no longer do — and the recording of your stop may hold a suppression motion. Call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159 before your arraignment. The video that decides these motions does not preserve itself.
The Brancato Law Firm, P.A. 620 E. Twiggs Street, Suite 205, Tampa, FL 33602 (813) 727-7159 Serving Hillsborough, Pinellas, and Pasco Counties
The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.
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