“Smells Like Teen Spirit” (and Hemp): Why the Odor of Weed Is No Longer Automatic Probable Cause

By: John Guidry

Remember those scratch ‘n sniff stickers growing up? It seems weird that, somehow, you can put the smell of just about anything onto a sticker. Fruity smells are popular, but now you can find stickers for popcorn, avocado, and yes—animal smells.

• The Lesson: Just because something “smells like” an apple, doesn’t mean there is an apple there. Your nose can be fooled.

The “Checkerdome” Concert I remember growing up in St. Louis. At 15, I went to my first arena concert to see Loverboy at the Checkerdome.

• The Atmosphere: The Checkerdome was like a bubble of lax laws. As soon as the lights went out, half the place lit up. There was so much smoke that even the non-smokers would test positive for 30 days.
• The Aftermath: When my dad picked me up, he was pissed. “Son, were you smoking weed?”
• The Truth: I wasn’t. But every inch of me smelled like it.

The Legal Problem: Supposedly, law enforcement officers have better noses than the rest of us.

• The Old Rule: If an officer smells the odor of marijuana coming from your car, everything and everyone inside can be searched.
• The Justification: The odor provides Probable Cause (a “fair probability” that evidence of a crime will be found).

But these times, they are a-changin’.

• Legal Medical Marijuana smells exactly like illegal marijuana.
• Legal Hemp smells exactly like illegal marijuana.

Did the police search your car just because they “smelled weed”?

The nose knows nothing. Call John today at (407) 423-1117.

The Case: State v. Ruise (The Old Way of Thinking)

Let’s look at the real-life case of State of Florida v. J. Ruise (Orange Co. 2020).

• The Stop: Ruise was stopped for a wide left turn.
• The Search: The officer smelled cannabis. Based only on that smell, he searched the car and Ruise’s pockets.
• The Discovery: He found weed and suspected MDMA.

The Defense: The “Hemp” Argument Ruise’s attorney argued that because Senate Bill 1020 legalized Hemp, the smell is no longer proof of a crime.

• The Science: Hemp and Marijuana are the same plant. They look the same. They smell the same (burnt or fresh). Only a lab test can tell the difference.
• The Question: If the smell could be legal Hemp, is there still a “fair probability” of a crime?

The Ruling (In 2020): The Judge denied the Motion to Suppress.

• The Logic: Until recreational marijuana is legal, the Court ruled that the odor still provides probable cause.“The concept of probable cause… does not require officers to rule out all innocent explanations.”

The Problem: False Positives

I am not convinced the Ruise holding stands up to scrutiny (and spoiler alert: it didn’t).

• Example 1: A patient leaves a Medical Marijuana Dispensary. His car smells like fresh weed because he just bought his medicine legally. Does that smell give the cop the right to search him?
• Example 2: Hemp Air Fresheners. If you buy a “Cannabis Scented” air freshener (legal), does that give the police the right to tear your car apart?

John’s 2026 Update: The Death of “Plain Smell”

Note: In 2020, Ruise lost his case. In 2026, he would have won.

1. The Williams Ruling (October 2025) In late 2025, the Florida Second District Court of Appeal issued a landmark ruling in Williams v. State (overturning the old Owens precedent).

• The New Law: The Court finally admitted what we’ve been saying for years: Because Hemp and Cannabis are indistinguishable by smell, odor ALONE is no longer Probable Cause.
• The Impact: If an officer stops you and says, “I smell weed,” that is no longer enough to pull you out of the car. They need more.

2. The “Odor Plus” Standard Police have now shifted to the “Odor Plus” standard. To search your car, they need the smell PLUS another factor:

• Plus visible baggies (that don’t look like legal dispensary packaging).
• Plus signs of impairment (red eyes, slurred speech).
• Plus an admission (“Yeah, I smoked earlier”).

3. The Rise of “DUI-Marijuana” Arrests Since they can’t search for possession as easily, police are now arresting for DUI.

• The Trap: If they smell weed, they will ask you to do Field Sobriety Exercises. If you agree, they will use your “tremors” or “lack of balance” to arrest you for DUI-Drug, which then gives them the right to search the car incident to arrest.

Don’t Talk Your Way Into a Search

If an officer smells weed, they will try to get you to admit it. “Just tell me where it is, and I’ll go easy on you.” Do not fall for it. In 2026, the smell alone is not enough to search, but your confession is.

Call me at (407) 423-1117. Let’s suppress the search.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.