Philip J. Bonamo, Partner
Florida Bar Board Certified Criminal Defense Attorney
In a recent appellate court decision, the 2nd District Court of Appeal for Florida ruled that law enforcement cannot search a vehicle only on the basis of smelling cannabis. The case stems
from the Tampa Bay area, when in 2023 the police, during a routine stop of a vehicle, smelled
cannabis and searched both the passenger of the car and the vehicle and found drugs. Citing the
U.S. Constitution’s Fourth Amendment protections against unreasonable searches and seizures,
the appeals court backed away from what it described as a “plain smell doctrine” related to
cannabis. Citing from the court’s opinion:
“In light of significant legislative amendments to the definition and regulation of
cannabis, its mere odor can no longer establish that it is ‘immediately apparent’ that the
substance is contraband,” Judge Nelly Khouzam wrote in an opinion fully joined by nine other
judges. “Accordingly, the plain smell doctrine can no longer establish probable cause based
solely on the odor of cannabis. Rather, we now align the Fourth Amendment analysis for
cannabis with the test that applies to other suspected contraband, such that its odor is a valid
factor to be considered along with all others under the totality of the circumstances.”
Our firm has handled many drug related offenses and cases. If you would like to discuss
your case and representation, please give our office a call. The initial consultation is free.