By Carlson Meissner Hayslett, P.A. – Marijuana Defense Attorneys
On October 1, 2025, the Florida Second District Court of Appeals issued a landmark marijuana ruling in Darrielle Ortiz Williams v. State of Florida. For the first time, the court ruled that the odor of marijuana (weed, cannabis, or hemp), standing alone, is not enough to establish probable cause for a police search.
This decision dismantles the old “plain smell doctrine” and marks a turning point in how marijuana cases, cannabis arrests, and weed-related traffic stops are handled in Florida.
Why This Matters for Marijuana Cases in Florida
For decades, Florida law enforcement relied on marijuana odor as an automatic green light for searches. If an officer claimed, “I smell marijuana,” that was enough to justify detaining you, searching your car, and making a marijuana arrest.
Now, because of changes in Florida marijuana law and federal cannabis law, that smell is no longer proof of a crime:
- Medical marijuana is legal for qualified patients in Florida.
- Hemp — chemically identical in smell to marijuana — is legal if THC content is 0.3% or less.
- CBD products, THC oils, and hemp flower are widely sold in Florida stores.
This means the smell of weed could come from legal cannabis, not illegal marijuana. As a result, odor alone no longer provides probable cause for a search.
How the Ruling Affects Marijuana Arrests
This ruling directly impacts:
- Marijuana traffic stops – Police can no longer search your car just because they claim to smell cannabis or burnt weed.
- Marijuana DUI cases – Odor of marijuana is not enough to prove impairment or justify an arrest.
- Marijuana possession charges – Weed found during an odor-only search may now be subject to suppression.
- Probation violations – Alleged cannabis violations based only on smell are now weaker in court.
Marijuana Defense Across Tampa Bay
At Carlson Meissner Hayslett, P.A., our attorneys have been defending marijuana cases in Florida for over 50 years. We have offices in:
We are leaders in marijuana defense, cannabis DUI defense, hemp law violations, and drug possession cases. Our team is known statewide for aggressive defense in marijuana search and seizure cases and has filed countless motions to suppress evidence based on illegal cannabis searches.
Marijuana DUI & Weed-Related Traffic Stops
Many marijuana DUI arrests in Florida start with an officer saying, “I smell weed.” Under this new ruling, that odor alone no longer justifies roadside detention or a marijuana search. Police must point to additional signs of impairment.
This is critical for drivers across Tampa Bay, where marijuana DUI cases are aggressively prosecuted in Clearwater, Tampa, and St. Petersburg. Our firm has successfully challenged drug recognition expert (DRE) testimony, unreliable marijuana field sobriety tests, and urine screens that only show past use, not impairment.
Protecting Your Rights in Marijuana Cases
If you have been:
- Stopped for weed odor in Clearwater,
- Arrested for marijuana possession in Tampa,
- Charged with a marijuana DUI in St. Petersburg,
- Or accused of violating probation for cannabis use in Florida…
...this case could change your defense.
Our attorneys are already leveraging this ruling in motions to suppress marijuana evidence, weed arrest challenges, and cannabis DUI defenses.
Contact a Florida Marijuana Lawyer
At Carlson Meissner Hayslett, we are the go-to marijuana defense law firm in Tampa Bay. Whether it’s weed possession, cannabis trafficking, marijuana DUI, CBD arrest, or hemp seizure cases, our team knows how to fight back.
