A recent article in The Assembly by Michael Hewlett examines the growing legal debate over whether the smell of marijuana alone can justify a police search now that hemp is legal in North Carolina.
The story highlights the State v. Dobson decision, in which the North Carolina Supreme Court upheld a vehicle search based in part on officers’ claims that they smelled marijuana. Civil liberties advocates argue the ruling leaves people who legally purchase hemp vulnerable to searches because hemp and marijuana are indistinguishable by smell.
The article also features the federal case brought by Dominique Prather, a former North Carolina A&T State University student. After legally purchasing hemp from a licensed retailer, Prather was stopped by police, showed officers her receipt, and was nevertheless searched and cited for marijuana possession.
Emancipate NC is proud to serve as counsel of record in the Prather case, which challenges the constitutionality of the search and seeks to protect the Fourth Amendment rights of North Carolinians who lawfully possess hemp products.
We appreciate The Assembly for continuing to highlight the real-world consequences of these legal decisions and the ongoing fight to protect constitutional rights across North Carolina.