Is the Smell of Marijuana Enough to Search You?

By: John Guidry

I have a confession to make. When I was 15 years old, I went to my first arena concert at St. Louis’ old “Checkerdome.” It was Loverboy on the “Get Lucky” tour (they opened with “Turn Me Loose,” and that keyboard intro was practically engineered to kick off a rock show).

When my dad picked me up afterward, I smelled like I had been hanging out in a weed sauna with Snoop Dogg, Cypress Hill, and Bob Marley’s kids.

Naturally, I was accused of smoking weed. But here is the thing: everyone at a Checkerdome concert smoked weed—lighters in the air, the whole nine yards. I smelled like it because I was in it, not because I was doing it. Fortunately, my dad bought my story because it happened to be the truth.

Unfortunately, many citizens in Orlando are not so lucky. They wind up with possession charges because an officer conducts a search based entirely on the odor of cannabis.

Stopped by police because of a “smell”?

Don’t let a hunch ruin your record. Call John today at (407) 423-1117 for a free consultation.

The Legal Breakdown: The “Odor Alone” Myth

It is a common scenario: An officer pulls you over, claims to smell burnt marijuana, and uses that as an excuse to tear your car apart. Oddly enough, they often don’t find any weed at all. Instead, they find a pill bottle or a baggie of cocaine that they never would have seen otherwise.

The reason for this is twofold:

1. The Pretext: The officer didn’t actually smell weed; they just needed a legal reason to search you.
2. The Physics: The odor of burnt cannabis is often evidence of a “completed” crime. If the cannabis is burnt, it no longer exists—it’s just carbon, ash, and dust.

So, is it legal for an officer to search you just because he smells marijuana? Prosecutors love to argue that “odor alone” is enough, but the cases they cite often prove them wrong.

State v. T.P. (2003)

Prosecutors love to cite State v. T.P., 835 So. 2d 1277 (Fla. 4th DCA 2003) to justify these searches. But if you actually read the case, the search wasn’t allowed just because of the smell.

• The Facts: The area was known for high drug activity.
• The Behavior: When T.P. saw the police, he quickly moved to evade their view.
• The Ruling: The court allowed the search because of the combination of factors—the odor, the location, and the evasive behavior. It wasn’t just the smell.

State v. K.V. (2002)

Another favorite of the State is State v. K.V. But again, the facts matter.

• The Tip: A security guard specifically told the cop that a car smelled like marijuana.
• The Visual: As the cops approached, they observed a baggie of weed in plain sight.
• The Reality: It wasn’t the odor alone that sank K.V.; it was the baggie sitting right there on the seat.

State v. Betz (2002)

This is a Florida Supreme Court case, State v. Betz, 815 So. 2d 627 (Fla. 2002). Surely the high court gives the police a free pass? Not exactly.

• The Ruling: The Court stated that “the smell of burnt marijuana, in combination with other circumstances, leads to a law enforcement officer’s possession of probable cause to search the entirety of a motor vehicle.”
• The Keyword: “Combination.” The law looks at the total picture, not just one factor.

John’s Takeaways

• “Odor” is often a Lie: We see it all the time. An officer claims to smell “fresh” marijuana, searches the car, finds nothing, but arrests you for a Xanax bar found in the glove box. We fight these pretextual searches.
• Burnt Weed is Gone: Legally, if the smell is “burnt,” the evidence is arguably destroyed. Possession requires you to actually have the drug, not just the memory of it.
• Guilt by Association: Just like me at the Loverboy concert, you can smell like a “weed sauna” without holding. Smelling like your friends isn’t a crime.
• You Can’t Beat the Ride: If an officer says they smell weed, they are going to search you. Don’t resist on the street—you will lose. Let them do their search, remain silent, and let me fight the legality of it in court.

Let’s Challenge the Search

If you were arrested in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County based on a “sniff and search,” we need to look at the police report closely. Was there actually probable cause, or was the officer just fishing?

Call me at (407) 423-1117. Let’s analyze your case.

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.