Florida’s marijuana laws: Clearing the smoke to understand the realities

Florida legal experts caution residents on the legal gray areas surrounding medical marijuana use and the risks tied to its scent, even when legally possessed

Legal use still carries risks—especially on the road

As Florida continues navigating the complexities of marijuana legislation, confusion and legal pitfalls remain for many users—especially medical marijuana cardholders. While medical cannabis is legal in the state, experts warn that the smell of marijuana alone can still be enough to attract law enforcement scrutiny.

According to Mutaqee Akbar, a Tallahassee defense attorney and founder of Akbar Thomas law firm, “I see a lot of police reports where probable cause starts with the smell of marijuana. But officers are really looking for weapons, other drugs, or signs of distribution.” This sentiment is echoed by Davis Cannady, Senior Partner at Cannady & Associates in South Florida, who advises against consuming medical marijuana while driving or in public settings. “Even legal cannabis smells identical to illegal marijuana,” he explained, “and that can lead to stops and further questioning.”

In 2019, the Florida Highway Patrol adopted what it calls an “odor plus” policy—meaning officers need more than just the smell to justify a search. However, visible items like loose cannabis, rolling papers, or inconsistent explanations can quickly escalate encounters.

Know the boundaries of legal cannabis in Florida

Despite the growing presence of medical marijuana in Florida, recreational use remains illegal. Possession of 20 grams or less of cannabis without a medical card is still classified as a misdemeanor, carrying penalties that include jail time, fines, and even driver's license suspension.

Federal spaces present an even stricter danger. Cannady strongly discourages traveling with marijuana, even if legally prescribed. “Carrying cannabis onto a plane or into any federal building is a major risk. TSA and other federal entities don’t recognize Florida’s medical marijuana cards,” he warned.

For both adults and juveniles, a single encounter involving cannabis can have long-lasting consequences, including criminal charges, loss of federal aid, and even job instability. That’s why informed use, discretion, and legal awareness are more critical than ever.

To hear more expert advice and real-world legal scenarios, visit the MMERI Conversations Virtual Cannabis Forum, featuring a discussion with Akbar and Cannady on what every Floridian should know about cannabis-related arrests and offenses.

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