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North Carolina Appeals Court Debates Whether Cannabis Aroma Establishes Probable Cause for Search | High Times

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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.

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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. 

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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.



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North Carolina

2026 primary turnout report released for eastern NC counties; see your county’s numbers

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2026 primary turnout report released for eastern NC counties; see your county’s numbers


Here are the voter turnout numbers for the 2026 primary election, according to the North Carolina State Board of Elections.

Hyde County had the highest voter turnout, while Onslow County had the lowest turnout. Check out what the voter turnout in your county was below:

BERTIE COUNTY

Ballots Cast:

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31.85% (3,911 out of 12,280)

CARTERET COUNTY

Ballots Cast:

29.06% (16,543 out of 56,931)

CRAVEN COUNTY

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Ballots Cast:

18.63% (14,119 out of 75,778)

DUPLIN COUNTY

Ballots Cast:

21.93% (6,981 out of 31,832)

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EDGECOMBE COUNTY

Ballots Cast:

18.16% (6,428 out of 35,396)

GREENE COUNTY

Ballots Cast:

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19.70% (2,147 out of 10,900)

HYDE COUNTY

Ballots Cast:

37.27% (1,123 out of 3,013)

JONES COUNTY

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Ballots Cast:

25.91% (1,805 out of 6,966)

LENOIR COUNTY

Ballots Cast:

16.73% (6,251 out of 37,371)

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MARTIN COUNTY

Ballots Cast:

17.61% (2,858 out of 16,228)

ONSLOW COUNTY

Ballots Cast:

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11.44% (14,816 out of 129,537)

PAMLICO COUNTY

Ballots Cast:

24.03% (2,446 out of 10,180)

PITT COUNTY

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Ballots Cast:

15.71% (19,429 out of 123,705)

TYRRELL COUNTY

Ballots Cast:

30.49% (723 out of 2,371)

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WASHINGTON COUNTY

Ballots Cast:

28.66% (2,312 out of 8,067)

WAYNE COUNTY

Ballots Cast:

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21.49% (16,408 out of 76,358)



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Statewide tornado drill has NC schools and workplaces practicing safety

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Statewide tornado drill has NC schools and workplaces practicing safety


Wednesday, March 4, 2026 6:41PM

NC schools and businesses encouraged to practice tornado safety

RALEIGH, N.C. (WTVD) — North Carolina schools and businesses took part in a statewide tornado drill Wednesday morning as part of Severe Weather Awareness Week.

The National Weather Service led the drill at 9:30 a.m., broadcasting it on NOAA Weather Radio and the Emergency Alert System. Schools, workplaces and households across the state were encouraged to join in.

The National Weather Service didn’t issue a follow up alert to mark the end of the drill. Instead, each school or business wrapped up once they felt they had practiced the procedures thoroughly.

Wednesday’s drill also replaced the regular weekly NOAA Weather Radio test.

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SEE | New warning for parents amid new ‘fire-breathing’ social media trend

Make sure to download the ABC 11 Mobile App ABC11 North Carolina Apps for Connected TV, Mobile News, Echo

Copyright © 2026 WTVD-TV. All Rights Reserved.



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North Carolina Rep. Valerie Foushee holds narrow lead over challenger Nida Allam

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North Carolina Rep. Valerie Foushee holds narrow lead over challenger Nida Allam


Nida Allam in 2022; Rep. Valerie Foushee (D-NC) in 2025.

Jonathan Drake/Reuters; Andrew Harnik/Getty Images


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Jonathan Drake/Reuters; Andrew Harnik/Getty Images

Incumbent Rep. Valerie Foushee holds a narrow lead over challenger Nida Allam in the Democratic primary for North Carolina’s 4th Congressional district as ballots continue to be counted.

In a race seen as an early test of whether Democratic voters desire generational change within the party, Foushee holds a lead of just over 1,000 votes with 99% of results in so far, according to the Associated Press.

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Under state law, provisional votes will be counted in the coming days in a district that includes Durham and Chapel Hill. If the election results end up within a 1% margin, Allam could request a recount.

Successfully ousting an incumbent lawmaker is often extremely difficult and rare. However, there have been recent upsets in races as some voters are calling for new leaders and several sitting members of Congress face primary challengers this cycle.

Allam, a 32-year-old Durham County Commissioner, is running to the left of Foushee, 69, framing her candidacy as part of a broader rejection of longtime Democratic norms.

On the campaign trail, Allam ran on an anti-establishment message, pledging to be a stronger fighter than Foushee in Congress, both in standing up against President Trump’s agenda and when pushing for more ambitious policy.

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“North Carolina is a purple state that often gets labeled red, but we’re not a red state,” she told NPR in an interview last month, emphasizing the need to address affordability concerns. “We are a state of working-class folks who just want their elected officials to champion the issues that are impacting them.”

She drew a contrast with the congresswoman on immigration, voicing support for abolishing U.S. Immigration and Customs Enforcement. Foushee has declined to go that far, advocating instead for ICE to be defunded and for broader reforms to the federal immigration system.

Allam also clashed with Foushee over U.S. policy towards Israel. As a vocal opponent of Israel’s war in Gaza, Allam swore off campaign donations from pro-Israel lobbying groups, such as AIPAC, and repeatedly criticized Foushee for previously accepting such funds.

Though Foushee announced last year that she would not accept AIPAC donations this cycle, she and Allam continued to spar over the broader role of outside spending in the race.

Their matchup comes four years after the candidates first squared off in 2022, when Allam lost to Foushee in what became the most expensive primary in the state’s history, with outside groups spending more than $3.8 million.

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However, this year is poised to break that record. Outside groups have reported spending more than $4.4 million on the primary matchup, according to Federal Election Commission filings.

WUNC’s Colin Campbell contributed to this report.



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