Every time I walk into the Orange County Courthouse, I see some guy asking me to sign a petition to “put medical marijuana on Florida’s Ballot”. Somehow, whenever I’m dressed in my work uniform (suit, tie, and briefcase, don’t forget the briefcase), the petition signing hawks leave me alone. It may be that too many “suits” turn out to be jerks, so they just don’t bother. I understand that, and agree. But, if I had the time, I would chat up the “medical marijuana sign holder” and tell him that medical marijuana is perfectly legal in the State of Florida. It has been for almost a year now.
Most people don’t realize this. Medical marijuana is legal in Florida. I’ll keep saying it until everyone takes down the signs asking that we make it legal. It’s legal. Governor Rick Scott signed the law back in 2014, and it took effect on January 1, 2015. The law is found in Florida Statute 381.986, entitled “Compassionate use of low-THC cannabis”.
Now, the question for today may sound like another episode of Inside Baseball, and for that, I’m slightly sorry. It is the effect this law has on probable cause that should concern we citizens. Law enforcement may not search your person, home, or vehicle without a warrant so long as they have “probable cause”. Nine times out of ten, probable cause involves some officer telling his buddy “You smell weed? Yea, I smell weed too, let’s search this place”. Five times out of ten, this odor is detected after a citizen denies the officer permission to search. Up until January 1, 2015, probable cause based upon the smell of weed made a bit of sense, as marijuana was illegal in any form up until that point. Continue Reading