North Carolina Appeals Court Deliberates on Whether Cannabis Odor Can Constitute Probable Cause for Search

“Debating the Legitimacy: Can the Scent of Cannabis Justify a Vehicle Search? North Carolina Appeals Court Weighs In.

In a state with a conservative history, North Carolina’s Court of Appeals is currently tackling a contentious question: Is the smell of cannabis sufficient grounds for a vehicle search? Recent events on Tuesday saw the Appeals Court overturning a lower court’s decision to exclude evidence obtained during a traffic stop, sparking a broader legal discussion.

While hemp is legal in North Carolina, the state has not embraced full cannabis legalization. The legal ambiguity surrounding hemp’s status forms the core of the ongoing debate. Despite the legality of hemp, North Carolina ranked third in cannabis arrests in 2021, making the incident under consideration one of many.

Weed Smell For Police Search North Carolina

On May 17, 2021, a Charlotte-Mecklenburg Police Department officer stopped Antonio Demont Springs for a suspicion related to his vehicle’s license plate. The court documents revealed Springs’ apparent anxiety, evident in his trembling hands as he handed over paperwork. The officer discovered that Springs was driving with a revoked license, and a subsequent investigation uncovered a fake license plate.

When asked about the cannabis scent, Springs denied smoking in the car, attributing it to having recently received the car from a friend. The officer then requested Springs to exit the vehicle, leading to the discovery of a digital scale, a “green leafy substance,” as described in the opinion, two baggies of white powder, and baggies of pills. The unfolding encounter with the law is enough to evoke a sense of unease.”

Springs found himself facing charges, including possession of drug paraphernalia, drug trafficking, and intent to sell or distribute a controlled substance. In defense, he contested the legality of the evidence obtained by the police officer, asserting that there was insufficient probable cause for both the vehicle and the search of his Crown Royal bag.

Highlighting the legal status of hemp in North Carolina, Springs argued that it is challenging to visually or olfactorily distinguish hemp from its marijuana counterpart, which induces euphoria. Therefore, he contended that the mere scent of marijuana should not be grounds for a vehicle search in the state.

Springs backed his argument with a memo from the State Bureau of Investigation, emphasizing that although hemp and marijuana are the same plant species, hemp, being non-psychoactive and legal, should not lead to vehicle stops based solely on a suspicious smell. The memo acknowledged the challenges faced by law enforcement in differentiating between hemp and marijuana due to the legalization of hemp, posing a dilemma for police but presenting a positive outcome for citizens and those advocating for a reduction in North Carolina’s incarceration rate.

The trial court sided with Springs, reasoning that since hemp is legal and shares a similar odor with marijuana, the smell alone does not constitute sufficient cause for a police vehicle search.

Smoking Cannabis in a Car Good Enough for Probable Cause to Search in North Carolina?

Contrary to the trial court’s decision, the Court of Appeals disagreed. Judge Toby Hampson, a Democrat, and Judge Jefferson Griffin, a Republican, jointly wrote, “This Court and our state Supreme Court have repeatedly held that the odor of marijuana alone provides probable cause to search the object or area that is the source of that odor.” While noting a 2021 Court of Appeals decision highlighting the unresolved legal issues arising from hemp legalization, the majority opinion affirmed the validity of a search based on the scent of marijuana.

Unfortunately for Springs, the officer in his case had multiple factors indicating probable cause, including Springs’ comment about his friend potentially having smoked weed in the car, an invalid license, and a fake license plate. Judge Hampson clarified that the officer was aware of various elements beyond the smell of marijuana, and the trial court erred in attempting to suppress the evidence obtained from the search.

In addition to criticizing the trial court’s decision, Judge Hampson expressed dissatisfaction with the state’s attorneys for not adhering to the Rules of Appellate Procedure. He noted their failure to “provide any basis for appellate review” in their submission.

This incident is just one of many that will continue to unfold as the United States grapples with and reassesses its ever-evolving cannabis laws. In September of the previous year, the State of Minnesota Court of Appeals affirmed that cannabis odor alone doesn’t constitute enough probable cause to search a vehicle. However, in Wisconsin, a contrasting ruling emerged, where despite the legality of CBD, cannabis odor was deemed sufficient grounds to search a car. The inconsistency in legal interpretations highlights the ongoing complexities surrounding cannabis-related legal issues across different states.

One response to “North Carolina Appeals Court Deliberates on Whether Cannabis Odor Can Constitute Probable Cause for Search”

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January 25, 2024

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North Carolina Appeals Court Deliberates on Whether Cannabis Odor Can Constitute Probable Cause for Search

Smoking Cannabis in a Car Good Enough for Probable Cause to Search in North Carolina?

One response to “North Carolina Appeals Court Deliberates on Whether Cannabis Odor Can Constitute Probable Cause for Search”

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