By Emancipate Attorney Jaelyn Miller
Emancipate NC attorneys Jaelyn Miller, Elizabeth Simpson, and Dillon Sharpe have filed a civil rights lawsuit against the Greenville Police Department after a student was wrongfully searched and cited for marijuana possession—despite proof that the substance in question was legal hemp.
The student had just purchased hemp from a local dispensary and was pulled over for a broken headlight. The officer claimed to smell marijuana, but under North Carolina law, hemp and marijuana are visually and aromatically indistinguishable. The student was transparent—immediately disclosing that it was hemp and offering a receipt showing she had purchased it less than 20 minutes earlier.
Even after acknowledging multiple times that he believed the purchase was legal, the officer searched her car and issued a criminal citation. The lawsuit asserts this violated her Fourth Amendment rights by conducting a search without probable cause.
Hemp Is Legal in North Carolina
Since 2022, hemp and hemp-derived products with less than 0.3% Delta-9 THC have been legal under both federal and state law. The NC State Bureau of Investigation has confirmed that smell or appearance alone cannot distinguish hemp from marijuana.
This case not only seeks damages and declaratory relief—it calls for policy changes to ensure officers follow the law and stop targeting individuals, especially young people and communities of color, over legal substances.