Vehicle searches during traffic stops are governed primarily by the Fourth Amendment and Florida search-and-seizure law. As a practical matter, Jacksonville officers can search a vehicle for marijuana in certain situations—but they generally need a recognized legal basis, and Florida courts have been tightening the rules around “marijuana odor” searches as hemp and medical marijuana have become legal.

The biggest “yes”: probable cause and the automobile exception

The most common pathway is the automobile exception. If police have probable cause to believe a vehicle contains contraband or evidence of a crime, they may conduct a warrantless search of areas where that evidence could reasonably be found. Historically, Florida cases treated the smell of marijuana as enough by itself to establish probable cause.

That changed significantly in October 2025, when Florida’s Second District Court of Appeal (en banc) held that the odor of cannabis, standing alone, is no longer sufficient to establish probable cause, because the smell cannot reliably distinguish illegal marijuana from legal hemp or lawful medical marijuana products. Under that ruling, odor remains a factor, but officers need additional circumstances supporting criminality.

Other Florida appellate decisions have also emphasized a “totality of the circumstances” approach in cannabis searches, reflecting the same hemp and medical-marijuana reality.

What counts as “additional circumstances”? Examples often include: visible cannabis or paraphernalia in plain view, admissions by occupants, inconsistent stories, packaging suggesting illegal sales, impaired-driving indicators, or other facts that, combined with odor, point to illegal possession or use.

Consent: the most overlooked circumstance

Police may search if the driver or someone with authority voluntarily consents. Consent searches are common because they avoid probable-cause litigation later. Consumers should know that consent must be voluntary, and a person may refuse consent (politely) or limit the scope. Refusal alone generally does not create probable cause.

Plain view, search incident to arrest, and inventory searches

Other circumstances can justify a search without relying on marijuana odor:

• Plain view: If an officer lawfully present sees contraband or evidence in plain sight, that observation can support seizure and may contribute to probable cause for a broader search.
• Search incident to arrest: If an occupant is arrested, police may search the person and, in some situations, parts of the vehicle depending on the reason for arrest and access to the vehicle at the time.
• Inventory search: If the vehicle is lawfully impounded or towed, an inventory search under standardized procedures may be allowed. It cannot be a pretext to hunt for drugs.

Marijuana remains illegal recreationally in Florida, and car rules still matter

Recreational marijuana possession remains illegal under Florida law, including possession of 20 grams or less as a first-degree misdemeanor. For registered medical marijuana patients, Florida law still restricts smoking marijuana in a vehicle and imposes rules that can create risk during a stop if products are unsealed or being used in public.

Bottom line for Jacksonville drivers

Jacksonville police may search a vehicle for marijuana if they have probable cause based on the totality of circumstances, or if another recognized exception applies—most commonly consent. Importantly, Florida appellate law has moved away from allowing vehicle searches based solely on odor, making the specific facts of the stop—and how those facts are articulated—more critical than ever for consumers to understand.

Learn More: Medical Cannabis Possession Limits in Jacksonville