Emancipate NC attorney Dillon Sharpe secured a courtroom win on behalf of a Don’t Plead to Weed (DPTW) client in Wake County District Court. The client, who had no prior criminal record, was charged with Driving While License Revoked, Possession of a Schedule VI Controlled Substance, and Possession of Marijuana Paraphernalia following a traffic stop for having a “tinted license plate cover.”
The State offered a conditional discharge (a “90-96” deal) to resolve the charges—but that resolution was not in the client’s best interest. The case went to trial.
The Honorable Judge Monica Bousman presided. During the trial, the arresting officer—despite having extensive drug enforcement training—admitted he had no training on hemp, and conceded that there’s no way to distinguish hemp from marijuana by sight or smell. The substance found was never tested or weighed, and the arrest was based solely on packaging and odor.
At the close of the State’s case, Judge Bousman ruled that prosecutors had failed to prove the Driving While License Revoked charge and dismissed it. Without the defense needing to present evidence or make a closing argument, Judge Bousman also found the client not guilty of the marijuana-related charges, agreeing with Mr. Sharpe’s arguments around hemp legalization and the lack of testing.
This outcome is a critical reminder: always consult with a legal professional before accepting any plea deal—especially in marijuana-related cases—under North Carolina’s evolving legal landscape.