Switch to ADA Accessible Website
Orlando Criminal Lawyer

Marijuana Laws and Probable Cause

Many jurisdictions across the country have experimented with changes to drug laws, and one of the most prominent changes is the decriminalization or legalization of marijuana. These changes have called other laws and practices into question, including the practice of drug testing for marijuana as a basis for employment and the law enforcement practice of using the smell of marijuana as a basis for a search.

Changes to Marijuana Laws

According to the LA Times, Delaware is one of the newest states to enact laws that are more lenient on marijuana possession and use. Delaware is one of a several states to “decriminalize” marijuana – which means that the possession or use of marijuana will still technically violate the law, but the punishment for such actions will be less severe than in the past. Another approach is legalization, in which possession or use of marijuana will not be against the law at all. In these jurisdictions, possession or use of marijuana will not result in any punishment – although there may be limits.

However, while there is an increasing number of states decriminalizing or legalizing marijuana, many jurisdictions and the federal government still have laws prohibiting the use, possession, or sale of marijuana, and will punish violations of those laws accordingly. The result is a rather confusing legal landscape, in which the same behavior can be treated dramatically differently depending on whether state or federal law is being applied, or depending on where the user is geographically located.

What is Probable Cause?

Probable cause is a legal term that is essential to law enforcement. Police officers need probable cause to make an arrest, search a suspect, search a suspect’s home or vehicle, or obtain a warrant.

In a number of cases over several decades, the United States Supreme Court has honed its definition of “probable cause.” Generally, the term means that an officer, based upon his observations and information available to him, must reasonably believe that there is a fair probability that a crime has been committed, or that evidence of a crime will be found in a particular place.

Recent Decisions Regarding Probable Cause

Now that marijuana use is legal in some jurisdictions, certain police procedures have been called into question. State courts in jurisdictions where marijuana is decriminalized or legalized, such as those in Massachusetts, have limited the ability of law enforcement to use the smell of marijuana to justify searches.

In the past, law enforcement officers used the odor of marijuana as a factor towards establishing probable cause to search a person or vehicle. If possessing marijuana was against the law, then indications of the presence of marijuana (such as its smell) also indicated that a law was being broken, and therefore provided probable cause for a search. However, if possession or use marijuana is no longer against the law in some jurisdictions, then the smell of marijuana alone is unlikely to provide a basis for probable cause in those jurisdictions.

Of course, not all states have decriminalized or legalized marijuana, so it’s important to understand the laws in your state to understand your rights when being stopped by law enforcement officers. In Florida, marijuana use and possession is still illegal, so its presence in those places is likely to provide a basis for probable cause.

If you or a loved one has been arrested it is important to have a knowledgeable lawyer on your side to ensure your rights are upheld. Contact the experienced Florida lawyers at The Baez Law Firm for a consultation today.

  • Facebook
  • Twitter
  • LinkedIn
Miami Office
Miami Office


Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33130
Office: 305-999-5100
Fax: 305-999-5111

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab