NC Supreme Court to rule on ‘smell’ as probable cause for marijuana searches

ANSON COUNTY, N.C. (QUEEN CITY NEWS) — North Carolina Supreme Court Justices are set to hear arguments about whether the smell of marijuana qualifies as a reason for probable cause with police.

Three cases argue, because hemp is legal in North Carolina, the sight or smell of alleged marijuana does not give police probable cause anymore. They cite a State Bureau of Investigation memo to lawmakers which warns the two plants look and smell the same.

We spoke with an Anson County Certified USDA Hemp Grower who agrees. He said there is only one way to tell.

This grower asked us to hide his identity and location so no one would be tempted to steal from him. He said smell is not enough to know the difference between legal hemp and illegal marijuana.

“You have to get it tested,” the Anson County grower said. “It’s really the only way.”

He said hemp is a cannabinoid that’s not THCA – the only way to know is through a USDA test.

“If it comes back hot, which has THCA then you have to destroy it,” he said.

The grower said his plants are tested 30 days before they’re harvested. Then when that happens, they’re hung up to dry for about a week and then the flowers are picked off to send away, to be sold.

“When I deliver it or anything it’s the product inside a bag, sealed,” the grower said. “And then the lab test is inside that bag and sealed. That way you know it hadn’t been tampered with or anything.”