North Carolina courts have given police the green light to search and arrest individuals for marijuana based on smell or sight alone, without needing any proof that the person targeted might have been engaged in illegal activity. This ruling has raised concerns among some law enforcement leaders, who call it unconstitutional.
The issue arises from the fact that hemp and marijuana look and smell identical, making it difficult for police to distinguish between the two. While hemp is legal, marijuana is illegal in North Carolina. However, police and prosecutors have continued to arrest and prosecute individuals for marijuana possession, despite the lack of a clear way to identify the substance.
Some court rulings had previously required police to provide a reason for their suspicion that something was illegal marijuana, but the North Carolina Court of Appeals has now ruled that this is not necessary. This means that police can search and arrest individuals without needing any evidence that they have illegal substances.
The ruling has raised concerns among some law enforcement leaders, who argue that it will lead to more arrests and prosecutions for marijuana possession. They also argue that it will make it more difficult for police to distinguish between legal and illegal substances.
The issue is particularly concerning for individuals who have been arrested and charged with marijuana possession, as they may face serious legal consequences, including imprisonment. The ruling has also raised concerns among some civil liberties groups, who argue that it will lead to more racial profiling and discrimination.
The North Carolina Supreme Court has not yet weighed in on the issue, but some groups are calling for the court to take action to clarify the law and ensure that individuals are not unfairly targeted by police.
