The scent of marijuana is very distinctive, and it is clear when someone has been smoking this substance in the vicinity. Some strains are more pungent than others, and some claim that marijuana is becoming increasingly smelly in the modern era. While the “smell test” may help users assess the quality of their product, this test is also utilized by police officers in North Carolina. But does the scent of marijuana alone constitute probable cause? This a question that the Court of Appeals recently addressed.
North Carolina is Going Back and Forth on This Issue
For many years, North Carolina was quite clear on whether the scent of marijuana constituted probable cause. Although other states may see things differently, the Tar Heel State has traditionally allowed police officers to search your vehicle if they smell weed. This led to considerable controversy for obvious reasons.
The scent of marijuana is somewhat subjective. One officer might smell weed, while another might not. Some confuse the smell of a skunk with the scent of marijuana, and there are many other substances that may mimic this smell. Of course, there is always the possibility that police could simply lie and say that they smelled marijuana before searching someone’s vehicle. No one would ever know whether they were telling the truth.
When hemp became legal in North Carolina, this issue became even more complicated. Suddenly, there was a legal substance that smelled exactly like marijuana – a substance that drivers were allowed to have in their vehicles. People immediately raised this issue and launched several appeals. For a while, it seemed as though the smell test was gone – and that searching a vehicle on the basis of scent alone was now unconstitutional in North Carolina. A trial judge ruled that officers could not execute searches based only on the smell of weed.
Court of Appeals Allows Police to Search Based on Scent Once Again
With all that said, we are back at square one in North Carolina. In August of 2024, the Court of Appeals overturned the trial judge’s decision – and police can carry out these searches once again. The court justified this decision by saying that it is the officer’s responsibility and duty to investigate whether the source of the smell is marijuana or hemp.
Find an Experienced Defense Attorney in North Carolina
Even if police in North Carolina searched your vehicle on the basis of scent alone, a defense lawyer could still help you avoid various charges. Contact Coastal South Law to learn more about your legal options and fight your marijuana charges in North Carolina with confidence. Police may violate your constitutional rights in many ways when searching your vehicle, and you may be able to raise these issues with our help. Book your consultation today to get started with a targeted defense strategy.
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