One reason police are often against the full legalization of marijuana is that marijuana illegality gives police officer perhaps the easiest excuse to search people and vehicles. Likewise, marijuana arrests are about as easy as it gets for police officers. They smell marijuana, they search and they arrest. No real work, thought, diligence or investigation required. And while marijuana arrests obviously do nothing to make anyone safer and needlessly cost time, money and resources, they count as arrests on the stat sheet all the same. And I suppose it beats having to investigate real crimes that actually have real victims.
Florida has been slow to work its way into the 21st century and legalize marijuana, but at least medical marijuana is legal. Now, some people (those with a valid medical marijuana card) whose vehicle or other property may smell like marijuana may not be doing anything illegal. Since that is the case, should police still be allowed to stop and search people based on the odor of marijuana when marijuana is not necessarily illegal depending on who has it?
In a recent case near Jacksonville, Florida, police officers stopped a vehicle at night for a headlight violation. They approached the vehicle and smelled burnt marijuana. They searched the vehicle and arrested the suspect for possession of cannabis. The criminal defense lawyer filed a motion to suppress the evidence of marijuana arguing that the police unlawfully searched the vehicle because the odor of marijuana does not necessarily indicate illegal activity.