Clearing the Smoke About Florida’s Marijuana Laws

The lingering smell of marijuana in a car can lead to police stops. But according to Florida cannabis law experts Mutaqee Akbar and Davis Cannady, that odor alone is often used as a pretext to investigate more serious offenses.

Akbar, founder of Akbar Thomas Law Firm in Tallahassee, and Cannady, senior partner at Cannady & Associates in South Florida, advise against smoking medical marijuana while driving or in public, since it smells identical to illegal cannabis.

“I see a lot of police reports where probable cause starts from the smell of marijuana,” Akbar said. “But officers are really looking for guns, other drugs, or signs of distribution.”

Florida Highway Patrol’s “odor plus” policy, adopted in 2019, requires more than just the scent to justify a search. Visible items or inconsistent stories can trigger further investigation.

Recreational marijuana remains illegal in Florida, and possession of 20 grams or less is a misdemeanor punishable by jail time, fines, and a suspended license.

Cannady advises against bringing marijuana on planes or into federal spaces, even with a license. “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 says.

Both attorneys also caution against using medical marijuana while driving or in public. Even with a valid card, the scent is indistinguishable from illegal cannabis and can still draw law enforcement attention. Visit https://bit.ly/MMERIJune2025 to watch MMERI’s Conversations on Cannabis Virtual Forum featuring defense attorneys Mutaqee Akbar and David Cannady discussing “Caught with Marijuana: What Adults and Minors Need to Know About Cannabis-Related Arrests and Offenses.”