Cannabis odor and reasonable suspicion
389 So. 3d 803 (Fla. 5th DCA 2024)
Florida DCA decision — check controlling district and later decisions.
Quick Rule
The Fifth DCA held that fresh cannabis odor alone does not establish reasonable suspicion after legalization of hemp and medical marijuana.
Field Reminder
Document additional facts indicating unlawful activity; identify whether the odor is fresh or burnt.
District-specific cannabis rule
Odor can remain a factor in the totality. Do not treat this district decision as a uniform statewide cannabis rule; other districts and different facts require separate analysis.
Sources
Opinion sources reviewed October 4, 2026. Editorial summaries; not a comprehensive review of later decisions or Florida-specific requirements. Follow agency policy, certified training, and State Attorney guidance.