Short Answer, no. Not anymore.
As of October 1, 2025, the Second District Court of Appeal, which covers the counties listed below, addressed the issue of whether or not the plain “smell” of weed/cannabis/marijuana/hemp was enough to search a person's car. They established that there needs to be more evidence to support probable cause in order to search a vehicle. This ruling comes as a result of the legalization of certain forms of cannabis, such as medical marijuana and hemp.
Can law enforcement legally ask you for your medical card?
Yes. Florida law does not stop officers from requesting to see a medical marijuana card. They may ask for the card to clarify whether the smell is justified under the law or not. Even if you present your card, this does not mean other investigations will not continue. You also cannot legally refuse to present your medical marijuana card if asked.
What if you don’t have your medical card with you?
If you own a medical marijuana card but it is not with you during this traffic stop, you are committing a misdemeanor of the second degree. Your medical marijuana registration is in the Department of Health system, so the officers should be able to confirm if you are authorized to possess marijuana or not based on their access to the DOH system.
If you have been stopped and your vehicle searched due to the odor of marijuana or are facing drug charges, call Vento Law Firm at 813-808-9088 or fill out the contact form and someone from our office will be in contact with you.
