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ROSALES v. STATE (2024)

District Court of Appeal of Florida, Third District.2024-07-31No. No. 3D23-1857

Authorities cited

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Opinion

Affirmed. See § 381.986(1)(k)(5)(f) (excluding from “medical use” the “[u]se or administration of marijuana in ․ a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis not in a form for smoking”) (emphasis added); Johnson v. State, 275 So. 3d 800, 802 (Fla. 1st DCA 2019) (“[E]ven if smoking marijuana were legal altogether, the officers would have had probable cause based on the fact that Johnson was operating a car ․ [T]he possibility that a driver might be a medical-marijuana user would not automatically defeat probable cause ․ Here, we cannot say that it would be unreasonable for an officer to conclude there is a fair probability that someone driving around ․ smelling of marijuana, is acting unlawfully. And this is true whether or not Florida law allows the medical use of marijuana in some circumstances.”).

PER CURIAM.