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by Brent Kearney
GULF BREEZE, Fla. (WEAR) — Florida law enforcement now needs more than just the smell of marijuana to search your car.
A Florida Court of Appeals cited the 4th amendment of the Constitution, which protects against unnecessary searches and seizures, when they made their decision on Wednesday.
Over the years, the state has tried to legalize recreational marijuana through an amendment change, but both elections failed to meet the threshold required to pass.
Gulf Breeze Police Chief Rick Hawthorne says this will make his officers' jobs a little more difficult. But said nothing will really change for them.
"Things have changed in the state of Florida. We now have medical marijuana cards," said Rachel Gilmer, attorney for the Levin Papantonio Law Firm. "We have different forms of marijuana that are legal versus illegal and you can't make that determination based on smell alone. They have a good justification for changing their reasoning because the state of affairs has changed."
Nine other judges joined and agreed with the ruling. Just one judge disagreed.
Judge Craig Villanti wrote that changes over the past decade to allow medical marijuana and hemp products “did not wholesale decriminalize the possession of marijuana."
Villanti then pointed out safety concerns related to driving while impaired.
"It's something that I think has been coming for a while," Hawthorne said. "I don't think it's going to change much. Most agencies do the 'odor plus rule,' where you smell the marijuana. But now you have to find other indications that there's something illegal going on."
Hawthorne believes this will be challenged in the higher courts.
"I'm almost positive this will go to the Supreme Court," said Hawthorne. "But with things trying to pass, making marijuana legal and everything, who knows what will happen."
Medical marijuana use in Florida has been legal since 2016.
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