CHARLOTTE, NC — A recent legal challenge before the North Carolina Supreme Court is contending that the mere odor of cannabis should not justify a vehicle search by police.
This case could significantly affect both ongoing and future legal proceedings, as well as individuals currently incarcerated.
The challenge originates from a Durham resident who argued that his guilty plea to a firearms charge was coerced by an unwarranted vehicle search. His legal representation contends that distinguishing between the smells of legal hemp and illegal marijuana is beyond human capability, given that hemp is legal in the state.
The legal brief, submitted last Thursday, disputes a decision from an appellate court made last April. It contends that the detection of a marijuana scent, possibly masked by another odor, should not alone grant police the probable cause needed for a vehicle search.
A Charlotte-area lawyer described this as a policy of “odor-plus.”
“The Charlotte-Mecklenburg Police Department has an internal policy specifying that neither an arrest nor a search should be based solely on the smell of marijuana, termed as ‘odor alone’,” explained Lauren Newton in an interview with Channel 9’s Evan Donovan. “Additional factors must be present, which is not the case under state law.”
Newton, who is representing Christina Pierre—a woman assaulted by police officers during an arrest after they claimed to smell marijuana on her at a local bus stop—supports the stance of the Durham man’s lawyer.
“There’s a gap between criminal and hemp legislation, making it impractical to differentiate the scent of illegal marijuana from lawful hemp products like THC-A, which differ from marijuana,” Newton stated.
The Durham resident’s legal brief argues that such searches infringe on constitutional rights to privacy, stating, “These issues directly challenge one of our most fundamental rights: the right to privacy from undue governmental intrusion.”
Following the incident, a civic group suggested that CMPD halt searches solely based on the smell of marijuana. However, the department has chosen to maintain the discretion of its officers.
The outcome of this case may lead to changes in police search protocols across the state.
We will update you once a decision is reached by the state Supreme Court.
