Hemp vs. marijuana: NC courts empower police searches

When North Carolina legalized smokable hemp in 2018, police and prosecutors spoke frequently and clearly about their biggest fear: It would effectively legalize marijuana in North Carolina, they said, due to the fact that hemp looks and smells exactly like marijuana.
Posted 7/21/2025, 9:08:22 AM Updated 7/21/2025, 10:00:07 AM

ROAD. THE STATE DEPARTMENT OF

TRANSPORTATION HAS DETOURS

POSTED. A NEW COURT RULING

CLEARS THE WAY FOR POLICE ALL

ACROSS NORTH CAROLINA TO BE

MUCH MORE AGGRESSIVE AND

SEARCHES AND ARRESTS FOR

MARIJUANA BECAUSE HEMP IS NOW

LEGAL. SOME POLICE AND

PROSECUTORS HAD FEARED THEY'D

LOSE THE MORE PROBABLE CAUSE

NEEDED TO SEARCH PEOPLE.

HEMP SMELLS AND LOOKS EXACTLY

LIKE MARIJUANA. SO SMELLING

IT WOULD INDICATE TO AN OFFICER

THAT ANY CRIMES ARE BEING

COMMITTED AND IT WOULDN'T JUST

DEFENSE LAWYERS THAT WE'RE

SAYING THIS. THE STATE BUREAU

OF INVESTIGATION ALSO LAID OUT

THOSE EXACT WORRIES IN A MEMO.

BUT NOW THE COURT OF APPEALS

HAS REJECTED THE 4TH AMENDMENT

CONCERNS EVEN THOUGH LEGAL HEMP

SMELLS AND LOOKS THE SAME AS A

LEGAL POT. THE JUDGE JUST RULED

THAT THAT DOESN'T MATTER.

POLICE CAN KEEP SEARCHING

PEOPLE BASED ON THE SMELL

ALONE. RNC CAPITAL TEAM HAS

REACTION TO THE NEW RULING AND

ANALYSIS OF WHAT IT MEANS FOR

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