Attorney pulls out bag of cannabis in NC Supreme Court hearing
>> INJURED.
>> THIS IS CANNABIS. ANY OF
THESE OFFICERS IN HERE RIGHT
NOW, KENNER ESTIMATE. THAT IS
YOUR QUOTE OF THE DAY FROM AN
ATTORNEY WHO PULLED OUT A
BAGGIE IN COURT IN FRONT OF THE
NORTH CAROLINA SUPREME COURT.
THIS WEEK. THE CASE CENTERS
AROUND HEMP AND MARIJUANA.
THEY HAVE VERY DIFFERENT LEVELS
OF THC. THAT'S THE CHEMICAL
THAT GETS YOU HIGH. BUT THEY
THEY LOOK AND THEY SMELL ALMOST
IDENTICAL. THE QUESTION BEFORE
THE COURT IS WHETHER OR NOT
POLICE ARE JUSTIFIED IN
SEARCHING SOMEONE IF THEY SMELL
WHAT THEY BELIEVE IS LEGAL POT
BUT COULD TURN OUT TO BE LEGAL.
HELP THE ATTORNEY ARGUING
AGAINST THAT ILLUSTRATED.
HIS POINT WITH A BAG OF BUT
>> THIS. THIS IS KIND OF US.
AND SO IF HE'S RIGHT. THE COURT
OF APPEALS IS RIGHT. AND THAT
MEANS THAT ANY OF THESE
OFFICERS IN HERE RIGHT NOW.
CAN ARREST ME. AND SEARCH MY
BRIEFCASE.
>> AS YOU SEE THE WAY THE
JUSTICES RESPONDED, THAT LITTLE
SUN, BY THE WAY, I GOT A BIT OF
A KICK OUT OF THAT. LOOK AT
THEIR FACES JUST LIKE A
PRICELESS REACTION. THE JUSTICE
ON THE LEFT IS LOOKING UP LIKE,
WAIT, WHAT ONE OF THE JUSTICE
GIVEN THE GIVEN A LITTLE STING
KIND OF THE TO THE ATTORNEY.
THE OTHER WAS LIKE YOU GOT TO
BE KIDDING ME. AS YOU PULL THAT
OUT. BUT LOOK, THE ATTORNEY
ISN'T KIDDING. NOW HE HE THINKS
POLICE NEED A DIFFERENT REASON
TO SEARCH SOMEONE BECAUSE THE
SMELL OF MARIJUANA AND HEMP
ARE SO SIMILAR. WRAL, STATE
GOVERNMENT REPORTER WILL DURANT
HAS BEEN FOLLOWING THIS I ASKED
HIM HOW THAT ARGUMENT LANDED
IN COURT.
WELL, LET'S TALK ABOUT THIS
FIRST, THOUGH. I THINK WE
SHOULD MAKE A DISTINCTION.
WE'RE NOT TALKING ABOUT THE
VAPES OR THE GUMMIES OR THE
CHOCOLATES OR DRINKS OR THAT
SORT OF THING. THAT IS THC.
THAT IS CHEMICALLY DERIVED FROM
HEMP AND MUCH DIFFERENT IN WHAT
WE'RE TALKING ABOUT. WE'RE
TALKING ABOUT THE HEMP PLANT
ITSELF. THAT LOOKS A LOT LIKE
MARIJUANA. BUT ARE PEOPLE
ACTUALLY SMOKING THAT BECAUSE
HAS NEXT TO NO THC OR MARIJUANA
TYPE OF FACT? YES, THEY ARE.
YOU KNOW, YOU I MEAN, THERE'S
DOZENS HUNDREDS OF STORES THAT
YOU INTO HIM BY.
>> LITTLE BUDS OF HEMP. THAT
MIGHT LOOK JUST LIKE MARIJUANA
THAT YOU CAN PULL UP AND SMOKE
LIKE YOU WOULD MARIJUANA AND
OBVIOUSLY DOESN'T GET YOU HIGH.
THAT'S WHY IT'S HEMP AND
MARIJUANA. BUT THAT DOES EXIST
AND PEOPLE DO USE IT THAT.
SO WHILE IT DOESN'T HAVE THE
SAME EFFECT AS MARIJUANA, IT
HAS A LOT OF OTHER QUALITIES
THAT ARE ALMOST IDENTICAL THE
WAY IT LOOKS THE WAY IT SMELLS.
AND THE ATTORNEY IN COURT TODAY
USED A DRAMATIC WAY TO. WE
SHOWED IT OFF THE TOP TO
EXPRESS THAT. HOW DID THAT GO
OVER IN TO GRAB THE JUSTICES
INTENTIONS FOR SURE. YOU KNOW,
HE HOLDS OF LITTLE VALUE, SAYS
THIS IS ACC THEIR HEADS AND
APPLE ROOM WITH THEM AND SO
ABSOLUTELY AND GOT THEIR
ATTENTION AND HE FEELS LIKE
HE MADE HIS POINT THAT THEY DID
NOT COMING TO REST AND THEY DID
NOT COME IN SEARCH HIM AND HIS
POINT WAS THAT YOU'RE SAYING
THAT POLICE SHOULD HAVE
PROBABLY COST COME DO THIS.
BUT, YOU KNOW, FOR PEOPLE WHO
AREN'T MANY WHO AREN'T A LAWYER
ARGUING FROM SUPREME COURT,
NOT THAT'S REALLY GOING TO GET
THE BENEFIT OF THE DOUBT THAT
I'M GETTING. BUT THEY SHOULD.
AND WE SHOULD HAVE MORE
EVIDENCE THAN JUST THAT SITE
WHERE THAT SMELL TO. IT'S
COMING TO REST. NO ONE OF THOSE
IS ILLEGAL AND POLICE HAVE
SWORN AN OATH TO UPHOLD THE
UPHOLD THE LAW. SO REGARDLESS
OF HOW PEOPLE FEEL ABOUT
MARIJUANA, IT IS ILLEGAL.
SO LET ME MAKE A REALLY
DRAMATIC KIND OF EXAMPLE, IN
OVER THE TOP EXAMPLE. BUT IF
SOMEBODY WERE TO PULL A BAGGIE
OUT OF THE POCKET THAT HAD
WHITE POWDER IN IT AND THEY
SNORTED IT OFF THE TABLE IN
FROM THE POLICE OFFICERS AT
ALL. THIS IS JUST HOW I TAKE
MY ASPIRIN.
>> YOU WOULDN'T EXPECT THEM
TO JUST SHRUGGING THEIR
SHOULDERS. BUT THAT'S KIND OF
THE WAY THE ARGUMENT IS BEING
MADE HERE.
>> YEAH, NO, IT'S IT'S A GREAT
EXAMPLE. AND IT'S ACTUALLY ONE
THAT THE JUSTICES BROUGHT UP IN
QUESTIONING, SAY THE PERSON
HOLDING DOWN IN THE PALM OF
THEIR HAND.
AS IF THEY ARE SHOWING IT TO
SOMEBODY, YOU KNOW, MAYBE
THAT'S ENOUGH TO.
>> KNOW. USED TO SHOWING THE
APPEAL.
I DON'T THINK THAT IF I'M
HOLDING THE PILL IN MY HAND.
>> THAT I HAVE SURRENDERED MY
4TH AMENDMENT RIGHT TO BE FREE
FROM UNREASONABLE SEARCH AND
SEIZURE. SO LET'S SAY THIS GOES
POTENTIALLY ONE OF 2 WAYS
EITHER STAYS THE SAME AND
POLICE DON'T HAVE TO CHANGE THE
WAY THAT THEY DO ANYTHING OR
GOES THE OTHER THE OTHER
DIRECTION WHERE
>> THIS THE SMELL OF THIS
CANNABIS OR MARIJUANA ACTUALLY
DOESN'T GIVE THEM A PROBABLE
CAUSE TO DO ANYTHING FURTHER.
THAT KIND OF SEEMS IT MIGHT
OPEN THE DOOR FOR PEOPLE TO
THEN BE ABLE TO FREELY SMOKE
MARIJUANA IN PUBLIC, NOT JUST
HIM. IT COULD. AND THAT WAS
THE STATE'S ARGUMENTS AT TRIAL
THAT WE SAW IN THIS CASE.
IT'S ALSO SOMETHING THAT WE'VE
BEEN TALKING ABOUT FOR YEARS.
I MEAN, THIS WAS NOT A SURPRISE
FOR ANYONE IN THIS BACK WHEN
THE LEGISLATURE IS DEBATING
THE LEGALIZATION OF HEMP.
>> 2018, 2019, MANY YEARS AGO.
THE STATE BUREAU OF
INVESTIGATION CAME OUT AND SAID
EXACTLY THAT. THEY SAID IF YOU
DO THIS, WE'RE GOING TO DEFECT
TO LEGALIZE MARIJUANA BECAUSE
POLICE WILL NO LONGER HAVE
PROBABLE CAUSE BECAUSE OF THE
SMELL ISH. AND SO THIS IS NOT A
SURPRISE. WE KNEW THAT WE'RE
GOING TO BE HAVING THESE
DEBATES, BUT THE LEGISLATURE
DECIDED THAT DIDN'T MATTER.
WOMEN DO THAT ANYWAYS. IT WAS
GOOD PUBLIC POLICY AND PICK
PASSED THE LAW. HERE WE ARE
TALKING ABOUT ALL THESE YEARS