Odor of Marijuana Search

When can the police search?

If the police smell marijuana coming from you or your car during a traffic stop, they are allowed to search the entire car based on the probable cause of there being marijuana in the car.  It does not matter whether they smell marijuana that has been smoked and is lingering in the clothing of a passenger, or if it is fresh unburnt marijuana, they can search the car.  

What if I have a prescription?

On March 19, 2019, the State of Florida passed a law that now allows medical marijuana to be smoked in it's natural form as well as liquid form.  The courts have not decided whether or not having a valid prescription will stop the police from searching your car, and as a result, they are going to search until the courts tell them that it is not allowed.  Things may change in the future, but as of the writing of this article, you should expect the police to search and that search to be held up in court by the judge. 

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