As of 2026, the legal landscape surrounding the smell of marijuana has shifted significantly due to the legalization of medical marijuana and the prevalence of hemp. While a judge may still consider the "plain smell" of marijuana as part of the "totality of circumstances" for probable cause, it is no longer an automatic justification for a warrantless search in every scenario. A knowledgeable attorney will examine whether the officer had a valid basis for the search, given the current state of Florida law.
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