Cannabis Law
FLORIDA CANNABIS LAW & REGULATORY DEFENSE
Florida’s cannabis laws are rapidly evolving — both in regulation and in the courts. From business compliance to criminal defense, Bigney Law Firm provides strategic counsel for clients navigating this complex and changing landscape.
We represent individuals, business owners, and investors involved in Florida’s medical cannabis industry, as well as those facing cannabis-related criminal charges. Our mission is to protect your rights, your business, and your future.
Navigating the Legal Landscape
A significant legal shift occurred in October 2025 when the Florida Second District Court of Appeal issued its ruling in Williams v. State. This decision changed how police may conduct vehicle searches based on the odor of cannabis.
1. The Old Rule — The “Plain Smell Doctrine”
For decades, Florida followed the “plain smell” doctrine: if an officer detected the odor of cannabis, that alone created probable cause to search a vehicle without a warrant. Because cannabis was illegal in all forms, its smell automatically indicated contraband.
2. The New Rule — Odor Alone Is Not Enough
In Williams v. State, the court ruled that the smell of cannabis alone no longer establishes probable cause for a warrantless search.
The reasoning is clear:
Florida’s legalization of medical marijuana and hemp has changed the meaning of “cannabis.”
Because legal hemp and illegal marijuana are indistinguishable by smell, odor alone is no longer reliable evidence of a crime.
New Standard: Odor may still be considered, but only as one factor among others — under the totality of the circumstances. Officers now need “smell plus” additional evidence to justify a search.
3. Key Implications for Police Searches
No More Odor-Only Searches: The scent of cannabis cannot, by itself, justify a warrantless vehicle search.
Need for Additional Evidence: Officers must point to other corroborating facts, such as:
Visible cannabis or paraphernalia
Admissions of illegal activity
Observable signs of impairment
Other indicators suggesting criminal possession or use
Contraband Requirement: The odor of cannabis is no longer “immediately apparent” evidence of illegal contraband because it could represent lawful possession.
Hiring Bigney Law Firm
Our Cannabis Law Services
Bigney Law Firm provides comprehensive legal support in all aspects of Florida cannabis law, including:
Criminal Defense: Representing clients charged with possession, trafficking, or cultivation under evolving legal standards.
Licensing & Compliance: Guiding medical marijuana operators and investors through Florida’s complex licensing system.
Business Formation & Contracts: Structuring compliant cannabis ventures and drafting protective agreements.
Regulatory Defense: Defending against administrative actions and enforcement by state or local agencies.
Litigation & Appeals: Challenging unlawful searches, seizures, and arrests under the new Williams precedent.
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