Campbell v. State, No. 2D2023-0651 (Fla. 2d DCA Mar. 26, 2025)

On March 26, 2025, Florida’s Second District Court of Appeal issued a ruling that could reshape cannabis prosecutions throughout the state. In Campbell v. State, the court reversed a major trafficking conviction from Hillsborough County—not because the defendant proved the substance was legal hemp, but because the State failed to prove it wasn’t.

This decision highlights a critical shift in Florida drug law: after hemp legalization, prosecutors can no longer rely on what something looks like or smells like. They need laboratory proof. A Tampa Drug Crimes Attorney can help you if you get arrested for lawful hemp.

Hemp vs. Illegal Cannabis: The Legal Distinction

The 2018 Federal Farm Bill and Florida’s State Hemp Program legalized hemp—defined as cannabis containing 0.3% THC or less. Because hemp and marijuana are visually and aromatically identical, the only way to distinguish them is through laboratory testing.

What Happened in the Campbell Case

In July 2022, Tampa International Airport police flagged a flight arriving from Denver, Colorado. A K-9 unit alerted to two large duffle bags, which Pryce Campbell later claimed at baggage claim. Officers seized the bags pending a warrant.

Inside, police found fifty vacuum-sealed bundles of a green, leafy substance—over 60 pounds total. The Florida Department of Law Enforcement (FDLE) tested only one of the fifty bundles, confirming the presence of cannabis. Based on the combined weight of all bundles, the State charged Campbell with trafficking cannabis between 25 and 2,000 pounds—a first-degree felony.

How the Defendant’s Testimony Changed Everything

At trial, Campbell testified that he believed the bundles contained hemp, not marijuana. He explained that he purchased them in Oregon for $50 per bundle—significantly lower than the street value of illegal cannabis, which would have been approximately $1,000 per bundle.

This testimony raised a critical question: if the substance was illegal marijuana worth $50,000 on the street, why would Campbell pay only $2,500 for it?

Campbell’s testimony accomplished something crucial. By offering a credible alternative explanation—legal hemp purchased at hemp prices from a hemp-legal state—he forced the State to prove the substance was illegal cannabis. And here’s where the State’s case collapsed.

The Court’s Analysis

The Second DCA reversed the trafficking conviction and remanded for a reduced conviction based solely on the single tested sample. Campbell’s case was sent back for resentencing on the lesser charge.

What This Means for Cannabis Cases in Florida

Campbell establishes several critical principles that apply to cannabis prosecutions throughout Florida:

1. Visual and Smell Evidence Is No Longer Enough: After hemp legalization, prosecutors cannot prove illegal cannabis based on appearance, odor, or K-9 alerts alone.
2. Chemical Testing Is Required: The State must verify THC content exceeds 0.3% through laboratory analysis to prove the substance is illegal.
3. Trafficking Charges Require Testing the Full Quantity: When weight determines the charge level, testing a sample isn’t sufficient—the State must prove the entire quantity is illegal.
4. Defendant Testimony Can Shift the Burden: By raising a credible hemp defense—supported by facts like price and origin—defendants can force prosecutors to prove illegality through testing.

Frequently Asked Questions

Can police still arrest me based on the smell of cannabis?

Yes—police can still make arrests based on probable cause, including odor. However, Campbell makes clear that prosecutors cannot convict based on smell alone. They must prove through chemical testing that the THC content exceeds 0.3%.

Does this case apply to simple possession charges?

Yes. While Campbell involved trafficking, the underlying principle applies to any cannabis charge: the State must prove the substance is illegal cannabis (>0.3% THC), not legal hemp. However, the testing requirement becomes most critical in trafficking cases where weight determines severity.

What if my case involved cannabis shipped from a state where it’s legal?

Origin from a legal state strengthens a hemp defense. As Campbell demonstrated, purchasing cannabis products from states with legal hemp programs—at prices consistent with hemp—supports the argument that the substance was legal. However, marijuana remains illegal in Florida regardless of where it originated.

Should I testify in my cannabis case?

That depends entirely on the facts of your case. Campbell’s testimony was effective because it was credible, consistent with the evidence (low price, legal origin state), and raised a specific legal defense. However, testifying always carries risks. This decision requires careful strategic analysis with your attorney.

Facing Cannabis Charges in Tampa?

Hemp legalization changed Florida drug law fundamentally. Prosecutors who rely on outdated methods—visual identification, odor, K-9 alerts—may not be able to sustain convictions when defendants demand scientific proof.

I’m Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients facing drug charges throughout Tampa Bay. If you’re facing cannabis trafficking, possession, or other drug charges, I can evaluate whether the State has the chemical evidence necessary to prove their case—and whether a hemp defense applies to your situation.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Polk.

Case Citation: Pryce M. Campbell, III v. State of Florida, No. 2D2023-0651 (Fla. 2d DCA Mar. 26, 2025). See also 2018 Federal Farm Bill (Agricultural Improvement Act of 2018); Florida State Hemp Program (§581.217, Fla. Stat.).

Medical Marijuana and DUI in Florida

Although medical marijuana is lawful for qualified patients, Florida law still classifies it as a controlled substance. If a driver’s normal faculties are impaired due to marijuana use, they can face DUI charges. The same applies to Delta-8 THC, a hemp-derived compound that can cause impairment.

Just as it is legal for an adult over 21 to consume alcohol, and just as it is legal for a medical marijuana cardholder to ingest cannabis, it is still illegal to drive while impaired by these substances. If alcohol, marijuana, or another drug affects a driver’s ability to safely operate a vehicle, a DUI charge may follow.

Defenses to a Marijuana DUI Charge

Although prosecutors may attempt to prove impairment, several legal defenses exist for marijuana-related DUI charges:

• Not Impaired at the Time of Driving: Marijuana can remain in the body for up to 30 days, so a positive test does not necessarily mean the driver was impaired when operating the vehicle.
• Challenging Blood or Urine Test Results: Test results can be unreliable due to improper calibration, contamination, or chain-of-custody errors.
• Challenging Field Sobriety Tests: Many individuals have medical conditions that impact their performance, or officers may conduct tests in poor environmental conditions.
• Suppressing Evidence After an Unlawful Stop: If law enforcement lacks reasonable suspicion for a traffic stop, evidence collected may be inadmissible in court.
• Expert Witness Testimony: Toxicologists and pharmacologists can testify about the limitations of marijuana testing and whether impairment was actually present.

Why Proving Marijuana DUI Is More Difficult

Unlike alcohol, where a 0.08% BAC is a clear impairment threshold, proving marijuana impairment is more complex. Marijuana stays in the system for up to 30 days, meaning a positive test does not necessarily indicate impairment at the time of driving. Prosecutors must show that the driver was actively impaired while operating the vehicle, not just that marijuana was present in their system.

Common Evidence in Marijuana DUI Cases

• Odor of Burnt Marijuana: The smell of marijuana can indicate recent use and may be used as evidence by officers.
• Erratic Driving Patterns: Weaving, slow reactions, or other unusual driving behaviors can suggest impairment.
• Field Sobriety Tests: Officers assess balance, coordination, and cognitive ability to determine impairment.
• Blood or Urine Tests: Although a positive test alone does not prove impairment, it can support a DUI case when combined with other evidence.

DUI Testing and Refusal Penalties

Florida Statute, 316.1932  allows police officers to request chemical tests to determine impairment:

Penalties for a DUI Conviction

DUI penalties apply regardless of whether the impairment comes from alcohol, marijuana, or another drug.

First DUI Conviction (Fla. Stat. § 316.193(2)(a)1.)

• Fine: $500 – $1,000
• Jail Time: Up to 6 months
• License Suspension: Minimum 180 days
• Probation: Up to 1 year
• Community Service: Minimum 50 hours
• Vehicle Impoundment: 10 days
• DUI Education Program: Mandatory

Second DUI Conviction (Fla. Stat. § 316.193(2)(a)2.)

• Fine: $1,000 – $2,000
• Jail Time: Up to 9 months
• License Suspension: Minimum 5 years (if within 5 years of the first conviction)
• Ignition Interlock Device: Required for at least 1 year
• Vehicle Impoundment: 30 days

Third DUI Conviction (Within 10 Years) (Fla. Stat. § 316.193(2)(b)1.)

• Felony charge (third-degree felony)
• Fine: $2,000 – $5,000
• Jail Time: Up to 5 years
• License Revocation: Minimum 10 years
• Ignition Interlock Device: Required for at least 2 years
• Vehicle Impoundment: 90 days

Fourth or Subsequent DUI Convictions (Fla. Stat. § 316.193(2)(b)3.)

• Felony charge (third-degree felony)
• Fine: Minimum $2,000
• Jail Time: Up to 5 years
• Permanent License Revocation
• Ignition Interlock Device: Required for at least 2 years

Common Misconceptions About Marijuana DUI

By 2025, the scent of marijuana and hemp smoke is common on Florida roads. Many drivers mistakenly believe that because medical marijuana is legal, they cannot face DUI charges. However, Florida law prohibits driving under the influence of any substance that impairs normal faculties—including legally obtained medical marijuana.

What to Do If You Face DUI Charges in Tampa Bay

If police arrest you for a DUI in Tampa Bay, your actions after the arrest can significantly impact your case. Follow these steps:

• Remain Calm: Do not resist arrest or argue with officers.
• Invoke Your Right to Remain Silent: Anything you say can be used against you.
• Request a Lawyer Immediately: Insist on speaking with an attorney before answering questions.

Contact an Experienced Tampa DUI/Medical Marijuana Lawyer Today

If you are facing DUI charges in Tampa, Hillsborough County, or the Tampa Bay area, securing experienced legal representation is critical. Brancato Law Firm, P.A. has extensive experience handling DUI cases and is familiar with local judges, prosecutors, and courts—giving our clients a strategic advantage. Check out our Tampa DUI Lawyer page and our Tampa Drug Crimes Lawyer page.

Contact Brancato Law Firm, P.A. today to discuss your case and build a strong defense.

Call (813) 727-7159 to schedule your consultation and protect your future.

Frequently Asked Questions About Medical Marijuana DUI in Florida

Can I get a DUI for using medical marijuana in Florida?

Yes. Even though medical marijuana is legal for qualified patients, Florida Statute 316.193 makes it illegal to drive while impaired by any controlled substance. This includes marijuana and Delta-8 THC. A driver can be charged if their normal faculties are impaired, even if the marijuana was legally obtained through a prescription.

Is medical marijuana still considered a controlled substance under Florida law?

Yes. Florida continues to classify marijuana as a controlled substance. While you may have a valid medical marijuana card, it does not exempt you from DUI prosecution if the state claims that your ability to drive was impaired by cannabis.

How does Florida prove a marijuana DUI?

Prosecutors must show that your ability to drive safely was impaired at the time you were operating the vehicle. Evidence may include the odor of burnt marijuana, erratic driving, field sobriety test results, or blood and urine test results. However, a positive test alone is not enough to prove impairment since THC can remain in the body for up to 30 days.

What are the penalties for a marijuana DUI in Florida?

The penalties are the same as alcohol-related DUIs:

• First offense: Fines between $500 and $1,000, up to 6 months in jail, and license suspension for at least 180 days.
• Second offense: Fines between $1,000 and $2,000, up to 9 months in jail, and a possible 5-year license suspension.
• Third offense (within 10 years): Third-degree felony with up to 5 years in prison and a 10-year revocation.
• Fourth or subsequent offense: Third-degree felony with up to 5 years in prison and permanent license revocation.

What are the common defenses to a marijuana DUI charge?

1. Lack of impairment at the time of driving

THC can linger long after the effects have worn off, so a positive test does not automatically prove impairment.

2. Faulty or unreliable testing

Blood or urine tests can be flawed due to improper calibration, contamination, or chain-of-custody errors.

3. Invalid field sobriety tests

Medical conditions, poor lighting, or uneven ground can make these tests unreliable indicators of impairment.

4. Unlawful traffic stop

If police lacked reasonable suspicion to pull you over, your attorney can move to suppress all evidence that followed.

5. Expert testimony

Toxicologists and pharmacologists can explain the limits of marijuana testing and challenge assumptions about impairment.

What happens if I refuse a breath, blood, or urine test?

Under Florida Statute 316.1932, refusing a lawful test can result in harsh penalties:

• First refusal: One-year license suspension.
• Second refusal: Eighteen-month suspension and a separate misdemeanor charge.
• Blood test refusal: May still be taken if you are unconscious or receiving medical care and suspected of impairment.

Is it harder for prosecutors to prove marijuana DUI than alcohol DUI?

Yes. Alcohol impairment is measured by a clear 0.08% BAC threshold. No such standard exists for marijuana. Because THC remains in the bloodstream long after use, prosecutors must rely on circumstantial evidence, officer observations, and expert opinions to show impairment at the time of driving.

What kind of evidence do police use in marijuana DUI cases?

Officers often rely on:

• Odor of marijuana or burnt cannabis
• Unusual driving patterns such as weaving or slow reactions
• Field sobriety test results
• Blood or urine test results
• Officer observations of red eyes or slowed speech

Each of these forms of evidence can be challenged by an experienced defense attorney.

What are the biggest misconceptions about marijuana DUI?

Many drivers believe that holding a medical marijuana card protects them from DUI charges. That is false. Florida law prohibits driving under the influence of any substance that affects normal faculties—whether legal or not. Even legally prescribed medication or hemp-derived Delta-8 can lead to a DUI if impairment is alleged.

What should I do if I am arrested for a marijuana DUI in Tampa?

1. Stay calm and cooperate. Do not argue or resist.
2. Exercise your right to remain silent. Avoid making statements about what you used or when.
3. Request an attorney immediately. Do not answer further questions until you speak with a lawyer.