Florida's appeals court has ruled that police can no longer stop and search vehicles based solely on the scent of marijuana, overturning a long-standing practice now outdated by the drug's partial legalization and sparking debate over balancing public safety with Fourth Amendment rights.

The 2nd District Court of Appeal, in a 10-judge majority opinion penned by Judge Nelly Khouzam, held that cannabis odor alone no longer signals probable cause for searches, as medical marijuana and hemp products are legal. "Its mere odor can no longer establish that it is immediately apparent that the substance is contraband," Khouzam wrote, aligning Florida with a "totality of circumstances" test used for other suspected items.

The decision reverses a 2021 ruling and stems from a 2023 traffic stop where officers smelled weed, searched a car, and found Molly on passenger Darrielle Ortiz Williams, violating her probation.

Three judges dissented, with Judge J. Andrew Atkinson concurring but cautioning that smell remains a factor, not a trigger. Judges Patricia Kelly and Edward LaRose, joined by Anne-Leigh Gaylord Moe, argued legalization doesn't decriminalize all possession and raised driving impairment risks. "People... are entitled to share the roads with sober and safe drivers," they wrote, fearing the ruling erodes tools against stoned motorists.

The case highlights shifting legal tides: Florida's 2016 medical marijuana amendment and 2019 hemp law have muddied what was once a clear-cut cue for cops.

Defense attorneys hailed it as a win against overreach, while law enforcement worries it hampers roadside checks amid rising cannabis use.

The ruling binds lower courts in the district but could ripple statewide if appealed.

As Florida navigates legalization's gray zones—medical pot legal, recreational not—the decision forces officers to weigh multiple clues, potentially reducing stops but raising enforcement hurdles in a state logging thousands of DUI arrests yearly.