|
The lingering odor of marijuana from a car may prompt police stops, but according to Florida cannabis law experts Mutaqee Akbar and Davis Cannady, the smell alone could be used as a pretext to look for more serious crimes.
Mutaqee Akbar, founder of Akbar Thomas Law Firm in Tallahassee, and David Cannady, senior partner at Cannady & Associates in South Florida, caution against smoking even lawfully obtained medical marijuana while driving or in public. Despite its legal status, medical cannabis smells identical to illicit marijuana and can draw attention from law enforcement.
“I see a lot of police reports where probable cause starts from the smell of marijuana,” Akbar said. “Law enforcement isn’t looking for marijuana. They’re searching for guns, other drugs, or signs someone is selling marijuana.”
In 2019, the Florida Highway Patrol adopted an “odor plus” policy, requiring more than just the scent of marijuana to justify a vehicle search. Examples include observing illegal items in plain sight or receiving conflicting statements from occupants.
Recreational marijuana remains illegal, and possession of 20 grams or less is a misdemeanor punishable by jail time, fines, and a suspended license. Anything more than 20 grams is a felony, and additional penalties apply near schools, parks, or other restricted areas. First-time offenders may avoid prosecution through diversion programs.
While state laws vary, cannabis remains illegal under federal law. “In federal court, even medical marijuana is prohibited,” claims Mr. Akbar. However, in state court, individuals on probation who have a medical marijuana license are generally allowed to test positive without facing penalties.
Cannady advises against carrying cannabis, even for medical purposes, on federally regulated transportation systems, such as airplanes.
“Even though you have a [medical cannabis card], you’re testing the federal system and the Transportation Safety Administration [TSA] by having any of your stuff in your bag,” he points out.
| 
