North Carolina
North Carolina Appeals Court Debates Whether Cannabis Aroma Establishes Probable Cause for Search | High Times
Is it cool to use the smell of cannabis as probable cause to search a car? While most readers likely answer with a resounding “no,” just such a question is currently being hashed out, pun intended, by courts in North Carolina, a state that historically leans conservative.
On Tuesday, the North Carolina Court of Appeals overturned a lower court’s ruling to exclude evidence gathered during a traffic stop. This decision comes amidst ongoing legal debates regarding whether the mere scent of cannabis alone constitutes enough grounds for police to conduct a search of a vehicle.
While hemp is legal in North Carolina, the Tar Heel state has not joined the legions of others in legalizing cannabis. But hemp’s legal status is at the crux of the case, bringing about the current legal debate. However, in 2021, North Carolina clocked in at third place for the highest level of cannabis arrests, the incident in question could be one of thousands.
On May 17, 2021, a Charlotte-Mecklenburg Police Department officer conducted a traffic stop of Antonio Demont Springs, citing a suspicion regarding his vehicle’s license plate. The court document noted Springs’ apparent anxiety as the officer neared the vehicle, as evidenced by his trembling hands while handling over his paperwork.
The cop discovered that Springs was operating the vehicle with a revoked license, and further investigation revealed that the license plate was a fake. When questioned about the scent of cannabis, Springs denied having smoked in the car. “I just got the car from my homeboy,” Springs told the officer. “That’s probably why.”
The cop in question then asked Springs to get out of the vehicle. The officer opened a Crown Royal bag and found a digital scale, “a green leafy substance,” per the opinion, two baggies of white powder, and baggies of pills. Just reading about such a run-in with the law is enough to make one’s hands shake.
Springs faced charges including possession of drug paraphernalia, drug trafficking, and intent to sell or distribute a controlled substance. He challenged the legality of the evidence obtained by the cop, arguing that there was no probable cause for the car and his Crown Royal bag search. Springs pointed out that in North Carolina, hemp is legal and cannot be visually or olfactorily distinguished from its euphoria-inducing marijuana relative. Therefore, he argued, the mere smell of marijuana alone should not be enough grounds for police to search vehicles in the state.
Springs cited a memo from the State Bureau of Investigation, which clarifies that while industrial hemp and marijuana are the same plant species, as hemp typically does not contain enough THC to be psychoactive, not to mention, is legal, police should not be able to pull folks over for what may be deemed a suspicious smell alone. The memo highlights that the legalization of hemp presents challenges for law enforcement, as there is no straightforward method for police to differentiate between hemp and marijuana. Such a fact may be tricky for cops, but it’s a win for citizens and anyone interested in lowering the incarceration rate in North Carolina.
The trial court sided with Springs. They concluded that since hemp is legal and has a similar odor to marijuana, the smell alone does not justify sufficient cause for a police vehicle search.
But the Court of Appeals disagreed, writing: “This Court and our state Supreme Court have repeatedly held that the odor of marijuana alone provides probable cause to search the object or area that is the source of that odor,” wrote Judge Toby Hampson, a Democrat, joined by Judge Jefferson Griffin, a Republican. Hampson did note a Court of Appeals decision from 2021 that reads: “The legal issues raised by the recent legalization of hemp have yet to be analyzed by the appellate courts of this state.”
However, in Springs’ situation, unfortunately for him, the officer had multiple other factors indicating probable cause, such as his comment about his friend potentially having smoked weed in the car, not to mention the invalid license and a fake license plate. Hampson elaborated that the policeman was aware of other elements besides the smell, concluding that the trial court was mistaken in trying to suppress the evidence obtained from the search.
He also criticized the state’s attorneys for not adhering to the Rules of Appellate Procedure, as they failed to “provide any basis for appellate review” in their submission.
It’s one of many incidents that will undoubtedly continue to play out as the U.S. reckons with and reassess the ongoing and evolving cannabis laws. During September of last year, the State of Minnesota Court of Appeals affirmed that cannabis odor doesn’t constitute enough probable cause alone to search a vehicle. However, in Wisconsin, the reverse ruling came in, as courts decided despite the legality of CBD, cannabis odor was enough to search a car.
North Carolina
NC offshore wind project canceled as $1B deal shifts investment to fossil fuels
A planned offshore wind project off North Carolina’s coast that could have powered roughly 300,000 homes has been scrapped after the federal government agreed to spend nearly $1 billion to halt its development, a decision that is drawing sharp reactions and raising questions about future energy costs in the state.
Under the agreement, the French energy company TotalEnergies will be reimbursed for leases it purchased in federal waters near Bald Head Island. In exchange, the company will redirect that investment into oil and natural gas projects, including liquefied natural gas (LNG) production.
The move comes as electricity demand in North Carolina and across the Southeast is rising, driven by population growth and the rapid expansion of energy-intensive data centers.
Energy analysts say removing a major potential source of power from the pipeline could have lasting implications.
“I think folks are trying to figure out how to reconcile this with the fact that we do need more electrons on the grid,” said Katharine Kollins, president of the Southeastern Wind Coalition. “Every state right now is looking at how we can develop more energy, not how we should be taking options off the table.”
The canceled project, known as Carolina Long Bay, was one of two offshore wind developments TotalEnergies had planned along the East Coast. The North Carolina portion alone would have generated about 1,300 megawatts of electricity and brought significant economic development to the region.
State leaders were quick to criticize the decision. In a post on X, Gov. Josh Stein said the Trump administration is “spending nearly $1 billion in taxpayer money to pay off a company to stop investments in the clean energy we need,” calling it “a terrible deal for the people of North Carolina and our country.”
The Interior Department, which negotiated the agreement, defended the move, saying offshore wind projects are too costly and unreliable to meet the nation’s energy needs. In a statement, officials said redirecting investment toward natural gas would provide “affordable, reliable and secure energy” while strengthening grid stability.
The debate reflects a broader divide over how to meet growing electricity demand while keeping costs down.
Offshore wind projects typically require high upfront investment but have no fuel costs once operational. Fossil fuel plants rely on fuel that can fluctuate in price.
“Using a billion dollars of taxpayer money to remove an option for North Carolina and then require that company to invest in LNG just doesn’t feel right,” Kollins said.
She and other advocates argue that offshore wind could help stabilize energy prices over time by diversifying the state’s power mix, particularly during periods of high demand or fuel volatility.
The federal government and industry leaders backing the deal say natural gas offers a more dependable source of power, especially as the grid faces increasing strain.
Part of that shift now points to LNG, which is traded on a global market. That means prices can rise or fall based on international demand, geopolitical tensions and export levels — dynamics that do not affect wind energy.
The cancellation also highlights uncertainty around offshore wind development in North Carolina. Duke Energy, the state’s largest utility, holds a neighboring lease in the same area but paused development last year as it reevaluated costs and policy conditions.
As state regulators and utilities map out how to meet future demand, the loss of Carolina Long Bay narrows the range of options.
For residents, the stakes may ultimately show up in monthly bills.
“When we limit our choices,” Kollins said, “we limit our ability to control costs.”
North Carolina
What North Carolina Wants to See Happen in the Sweet 16
The North Carolina Tar Heels were a first-round exit in this year’s NCAA Tournament, but that does not mean that what transpires the rest of the way does not matter for the program.
It has been less than a week since the Tar Heels blew a 19-point lead in the second half against the VCU Rams, en route to an 82-78 loss in overtime. The result has raised doubts about Hubert Davis’ future as North Carolina’s head coach.
With all of that being said, here are a couple of things the Tar Heels should be wishing to happen later this week in the Sweet 16.
Duke Falls Short
The North Carolina-Duke rivalry is arguably the best one in all of sports. It was a tantalizing matchup the first time these two squared off this year, with Caleb Wilson and Cameron Boozer going head-to-head, as both players are expected to be selected in the top five of the 2026 NBA Draft.
However, the discrepancy between the two teams was apparent, even though the Tar Heels split the season series. The Blue Devils entered the NCAA Tournameent as the No. 1-overall seed in the entire field, while the Tar Heels limped into the field as a six-seed.
While North Carolina would obviously prefer playing in the upcoming round, which starts on Thursday night, nothing would make Tar Heels fans happier than to see Duke fall to St. John’s in the Sweet 16.
The Blue Devils have been playing with fire in the first two rounds, at various points, but they ultimately advanced to the second weekend of the tournament. St. John’s is a formidable opponent that could legitimately take down Duke.
One of the Teams With a Legitimate Head Coaching Option To Lose
It has been well-documented that North Carolina is likely to be in the coaching market, as Davis appears to be on his way out in Chapel Hill. If this occurs, the Tar Heels need to make a substantial hire that will elevate the program back to competing for national championships.
There will be a slew of options for North Carolina to consider, but two names to keep an eye on are Iowa State’s T.J. Otzelberger and Alabama’s Nate Oats. You may be asking yourself, ‘Why should North Carolina be rooting for potential head coach candidates to lose?’
Here’s why: the transfer portal opens on April 7, and ideally, North Carolina would want its presumed new head coach in place well before then. Those coaches will not be the only two to watch for, but they are arguably the most ideal.
North Carolina
AG Jeff Jackson wants the president to negotiate change from Chinese apps that fund fentanyl
North Carolina’s top prosecutor is asking the president for
help in the fight against fentanyl. Attorney General Jeff Jackson says
criminals are using Chinese apps to launder millions of dollars which fund
the fentanyl epidemic in the US. He thinks the president can negotiate a
change.
The effort hits home for the Nash family. This past weekend
marked four years since Jeff Nash lost his daughter, Amanda.
“It was a tough weekend. It was. I don’t think it gets
any easier,” Nash told WRAL.
Nash is one of thousands of fathers who knows what it feels
like to lose a child to fentanyl. And he knows what people will say…
“His daughter should have known not to do it. No one
forced her to do it. She was a grown woman. She was an adult who made her choices
and this was the natural consequence of her choice. And to say that would be
right. I understand that. However, two things can be right. It also is right for
our federal, state and local governments to do everything they can to keep this
poison away from our people,” Nash said.
Fentanyl is the primary driver of the opioid crisis in North
Carolina, contributing to over 75% of fatal drug overdoses in recent years. But
a small change gives cause for hope. 2025 and early 2026 data from the state office
of the medical examiner indicate a potential decline in fentanyl-positive
deaths for the first time in years.
North Carolina Attorney General Jeff Jackson said there is
still work to do.
“We’re losing six people a day. I’ve spoken to a lot of families
who have lost people. I told them I’ll do whatever I can and one thing I can do
is go after the money. If you go after the profitability of a crime, you’ll
reduce the prevalence of that crime,” Jackson said.
More than $100 million a week flow through Chinese owned
apps to support the sales of fentanyl in the US, Jackson said.
Over the last year, his office got one app called WeChat
to agree to be more responsive with investigators and make encrypted spaces on
the app more hostile to fentanyl money laundering. But its sister app, Weixin is
not subject to US laws and wants the White House to take action.
In a letter to the president, Jackson and five other
attorneys general from Colorado, New Hampshire, New Jersey, Kentucky and South
Carolina urged the president to take action. It states that despite the agreement
with WeChat to work with investigators, neither it nor Weixin agree to share
data from the ap.
“In practice, this means that law enforcement can only see
one side of illegal transactions, shielding Chinese-based users from justice,”
the letter said.
Nash wondered why only six attorneys general would support
the effort. Jackson said the focus was to get a request to the president that
was not political, bipartisan and clear.
He believes President Trump has the ability to negotiate with the
Chinese to effect change when it comes to money changing hands through its
apps.
“I think we recognize that the Chinese government is
different than the American government and if the leader of China decided to
make a change, that change would be made,” Jackson said.
Nash was reluctant to revisit his pain discussing his
daughter’s death, but said it’s worth it if this letter gets people talking or
gets any government movement to reduce the flow of fentanyl into the US.
Nash was one of the subjects in the WRAL documentary, ‘Crisis
Next Door – The Fentanyl epidemic.’
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