Hemp vs. marijuana: North Carolina courts empower police searches, some law enforcement leaders call them unconstitutional
PERFECT TIME.
>> I ASK YOU A QUESTION.
>> DO YOU KNOW THE DIFFERENCE
BETWEEN HEMP
AND MARIJUANA? I MEAN, SURE.
YOU PROBABLY KNOW THAT ONE IS
LEGAL AND ONE IS ILLEGAL.
BUT WHEN I PUT THEM SIDE BY
SIDE, ONE PICTURE OF HEMP, ONE
PICTURE OF MARIJUANA, CAN YOU
TELL WHICH ONE IS WHICH THEY
LOOK ALMOST IDENTICAL. THEY
ALSO SMELL THE SAME.
UNFORTUNATELY, SMELL VISION
HASN'T BEEN INVENTED YET.
SO NO EXAMPLES FOR YOU ON THAT.
THE KEY DIFFERENCE BETWEEN THE
2 PLANTS IS THE AMOUNT OF THC,
THE CHEMICAL THAT GETS YOU HIGH
MARIJUANA HAS A LOT OF IT.
HEMP DOES NOT. BUT THINK ABOUT
THAT 2 THINGS THAT LOOK AND
SMELL THE SAME. ONE IS AGAINST
THE LAW. THE OTHER IS PERFECTLY
LEGAL.
FOR THE PEOPLE ENFORCING THOSE
LAWS. THIS CAN BE PRETTY
CONFUSING, RIGHT? I MEAN, HOW
ARE OFFICER SUPPOSED TO TELL
THE DIFFERENCE?
ANSWERING THIS QUESTION IS
CENTRAL TO A BIG LEGAL CASE
IN NORTH CAROLINA RIGHT NOW.
THE STORY STARTS IN BEAUFORT
COUNTY OUT OF THE COAST.
A TEENAGER WAS PULLED OVER
AFTER LIEUTENANT AT THE
SHERIFF'S OFFICE SMELLED WHAT
HE BELIEVED TO BE MARIJUANA
EMANATING FROM INSIDE THE
VEHICLE. THEN BASED ON THE
PERCEIVED MARIJUANA ODOR
OFFICERS SEARCHED THE VEHICLE
AND SEIZED MARIJUANA, A DIGITAL
SCALE AND A HANDGUN TO THE
KITCHEN NOT HAVE HAD THE GUN.
BUT HIS LAWYER ARGUED OFFICERS
SHOULD NOT HAVE BEEN ABLE TO
SEARCH THE CAR IN THE FIRST
PLACE SAYING THE OFFICERS
LACKED PROBABLE CAUSE THAT THEY
COULD NOT HAVE KNOWN WHETHER
THE SMELL WAS MARIJUANA OR HAVE
A TRIAL. JUDGE AGREED RULING IN
THE TEENAGER'S FAVOR. BUT THIS
MONTH, AN APPEALS COURT
REVISITED THIS CASE RULING AND
THE OFFICERS FAVOR. IT'S A
DECISION THAT HAS RIPPLE
EFFECTS STATEWIDE END TO BETTER
UNDERSTAND HOW THIS CASE AT THE
COAST AFFECTS THE TRIANGLE.
I SPOKE WITH WRAL, STATE
GOVERNMENT REPORTER WILL
DOEREN. WELL, WHAT EXACTLY DOES
ALL
THIS MEAN?
>> YES. SO THIS NEW COURT
RULING REALLY GIVES POLICE
OFFICERS THE GREEN LIGHT IN
NORTH CAROLINA TO GET MUCH MORE
AGGRESSIVE IN SEARCHING FOR
THE SMELL OF MARIJUANA BECAUSE
MARIJUANA AND HEMP LOOK THE
SAME. PREVIOUSLY. THERE BEEN A
LOT OF APPREHENSION ABOUT THAT.
EVEN THE STATE BUREAU OF
INVESTIGATION SAID POLICE
OFFICERS DON'T HAVE PROBABLE
CAUSE ANY MORE AFTER WE
LEGALIZED HEMP WHICH HAPPENED
ABOUT 5 YEARS AGO. THIS NEW
COURT RULING THROWS ALL OF THAT
OUT AND IT SAYS NO POLICE
OFFICERS DON'T NEED TO HAVE ANY
SORT OF EVIDENCE OF CRIMINAL
ACTIVITY TO ACTUALLY CONDUCT
THE SEARCHES ARE EVEN THESE
ARREST. DO WE HAVE ANY IDEA OF
HOW MANY NORTH CAROLINIANS USE
HEMP AND MARIJUANA MIGHT BE
AFFECTED BY THIS?
>> IT'S IMPOSSIBLE TO SAY
EXACTLY BECAUSE, YOU KNOW,
PEOPLE DON'T ALWAYS IT ANSWER.
SURVEYS ACCURATELY ABOUT
ILLEGAL DRUG USE, BUT IT'S
LIKELY MILLIONS OF NORTH
CAROLINIANS. THERE WAS A RECENT
NATIONAL STUDY FOUND ABOUT HALF
HALF OF ALL AMERICANS HAVE USED
MARIJUANA AT SOME POINT THEIR
LIVES. AND THAT INCLUDES ABOUT
ONE IN 4. PEOPLE HAVE USED IT
WITH HIM LAST YEAR. OF COURSE,
THERE'S A LOT OF LEGAL HELP
USERS AS WELL. AND ACTUALLY THE
STATE CRIME LAB DOESN'T HAVE
THE ABILITY TO TELL THE
DIFFERENCE BETWEEN THESE 2
THINGS. AND SO FOR BIG TRAFFIC
IN CASE THE HIRE PRIVATE LAB
AND YOU TO BE ABLE TO PROVE
THAT THIS IS DEFINITELY A LOT
OF, BUT THAT'S TOO EXPENSIVE
TO DO FOR JUST YOUR RUN OF THE
MILL SIMPLE POSSESSION GUY
WALKING DOWN THE STREET KIND
OF CASE. AND SO THAT KIND OF
SITUATION, YOU KNOW, THEY JUST
HAVE TO TAKE IT TO A JURY AND
HOPES THAT THE JURY SIDES WITH
THEM OVER THE OFFICER. WOW.
>> THIS MAY NOT BE A DONE DEAL
YET. THIS COULD GO TO THE STATE
SUPREME COURT.
>> THAT'S RIGHT. THIS WAS JUST
A COURT OF APPEALS RULING AND
LIKE I SAID, WE LEGALIZE 10
YEARS AGO AND THIS PROBLEM HAS
BEEN AROUND FOR THE ENTIRE TIME
IN THE STATE SUPREME COURT HAS
NEVER WEIGHED IN ON THIS.
THAT JUST COMPLETELY IGNORE THE
ISSUE. DESPITE THIS IS NOT
FIRST CASE THAT HAS COME UP IN.
BUT THE FACT THAT THIS DOES
REALLY OPEN THE FLOODGATES MUCH
MORE AGGRESSIVELY THAN ANY
OTHER COURT RULING COULD PUTS
NEW PRESSURE ON THE SUPREME
COURT TO FINALLY STEP IN AND
KIND OF SETTLE THIS ISSUE.
WELL, GREAT REPORTING.
APPRECIATE IT AS ALWAYS.
>> I GOT TO HIGHLIGHT SOMETHING
THAT WILL MENTIONED THERE.
DID YOU DID YOU HEAR THAT?
THE STATE CRIME LAB DOESN'T
HAVE THE TECHNOLOGY TO TEST
WHETHER SOMETHING IS HEMP OR
MARIJUANA.
THERE ARE THE KIND OF COMPANIES
THAT ARE WORKING ON FOR
EXAMPLE, ORANGE PHOTONICS MAKES
THIS KID. IT'S THE LIGHT LAB
3, IT SPECIFICALLY FOR LAW
ENFORCEMENT CAN TELL WHETHER
THE SAMPLE IS THC, DOMINANT
MARIJUANA OR IF ITS CBD
DOMINANT, WHICH WILL BE HEMP
A FEW YEARS AGO, PURDUE
NORTHWEST PARTNERED WITH A
COMPANY CALLED HEMP CENTER JUST
STICKS. THEY ARE WORKING ON A
FIELD READY DISPOSABLE DEVICE
THAT CAN DO THESE TESTS.
IT'S STILL A PROTOTYPE AND
THERE'S ALSO TEACH CHECK.
IT'S AN AT-HOME KIT THAT WORKS
WITH AN APP ON YOUR PHONE TO
TEST OIL AND HERBS FOR THC,
POTENCY. SO AS FOR THE COURT
CASE, THE STATE SUPREME COURT
COULD WEIGH IN AT SOME POINT