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
Key Raleigh real estate figure who helped bring Hurricanes to North Carolina has died
RALEIGH — E. Stephen Stroud, an influential Triangle real estate figure who was a key player in the Carolina Hurricanes’ move from Connecticut to Raleigh, has died.
Stroud was involved in several key developments across Raleigh and Wake County, including the Crossroads development in Cary, Imperial Center office park in Durham, Brier Creek and office parks at Highwoods and around Rex Hospital in Raleigh.
The Centennial Authority announced his death.
“Steve Stroud was a true visionary whose dedication and tireless efforts made the Lenovo Center a reality,” said Philip Isley, current chairman of the Centennial Authority. “Steve’s leadership during the arena’s construction laid the foundation for one of the premier sports venues in the country. We are deeply grateful for his service and extend our heartfelt condolences to his family, friends, and all who knew him.”
Stroud chaired the Centennial Authority, which oversees the arena that is home to the Hurricanes and NC State’s men’s basketball team, in its early years, guiding the planning, financing and construction of the arena. He worked with local and state leaders to help attract the National Hockey League’s Hartford Whalers to Raleigh, helping convince then-owner Peter Karmanos to move to North Carolina.
The Hurricanes have won two Stanley Cup championships since moving to North Carolina in 1997, including in June. Stroud served on the authority until 2002.
His work began in the mid-1980s as NC State sought a new basketball arena, but eventually became the Entertainment and Sports Arena in Raleigh. It is known as Lenovo Center today.
“It has done so much for the city.” Stroud told the News & Observer in 2019 when the arena turned 20. “I personally think the building is why national TV folks refer to us as ‘Raleigh’ instead of ‘Raleigh, North Carolina.’ It has helped us raise the identity of this city. Everyone knows where Raleigh is.”
The road in front of the main entrance to the Lenovo Center is named E. Stephen Stroud Way.
Stroud was raised in Rutherford County before moving to Raleigh in 1961 to attend North Carolina State University. Stroud left NC State during his junior year after getting married and began a real estate career in 1965. He founded Carolantic Reality in 1972 and merged the company, then called NAI Carolantic Realty, with Tri Properties in 2020.
Stroud was named CEO of the year by the Triangle Business Journal in 2016, one of many awards he won in his long career.
North Carolina
UNC shortstop selected in first round of MLB Draft by Red Sox; list of NC players drafted
Four members of the North Carolina baseball team that finished second in the College World Series were selected in the first 100 picks of the Major League Baseball Draft, led by first-round selection Jake Schaffner.
Schaffner, a transfer from North Dakota State who batted .356 in 68 games (all starts) for UNC this season, was picked in the first round by the Boston Red Sox at No. 20 overall. Schaffner had a .467 on-base percentage and a .552 slugging percentage.
Major League Baseball assigns a slot value to each selection, though teams and players can negotiate to sign for more or less than that total. Each team has a bonus pool that it can use for its draft picks. The top pick is valued at more than $11.3 million. The No. 20 pick has a slot value of $4.37 million.
North Carolina reached the College World Series championship series, but lost in the final game of the best-of-three series to Oklahoma.
Outfielder Owen Hull, who transferred to the Tar Heels from George Mason, batted .393 with nine home runs in 69 games (all starts) for UNC, was also selected by the Red Sox at No. 67 overall. Hull slugged .615 and had a .500 on-base percentage during his lone season at UNC. The No. 67 pick has a slot value of $1.32 million.
Pitcher Jason DeCaro starred for three seasons for UNC, going 26-7 with a 3.46 ERA in 53 career starts. DeCaro was 11-3 for UNC this season in 97.1 innings. The Pittsburgh Pirates picked him at No. 80 overall in the third round and the pick has a slot value of $1.04 million.
Pitcher Ryan Lynch went 10-5 with two saves over 46 career appearances for the Tar Heels. The San Diego Padres picked Lynch at No. 97 overall in the third round, which has a slot value of $808,100.
NC State outfielder Ty Head, who had 12 home runs for the Wolfpack as a sophomore in 2026, was selected in the second round (No. 46 overall) by the Baltimore Orioles. Head batted .279 in 110 games (all starts) for NC State. He had 76 career runs batted in. The No. 46 pick has a slot value of $2.18 million.
NC State pitcher Jacob Dudan, who missed the second half of the 2026 season and underwent surgery on his elbow, was picked at No. 83 overall (fourth round) by the Athletics. Dudan went 10-5 with 11 saves over 57 appearances in three seasons for NC State. Dudan started eight games, the first starts of his college career, this season, pitching 50 innings. The No. 83 pick has a slot value of $988,700.
Later picks:
- East Carolina pitcher Ethan Norby selected No. 122 (fourth round) by Cincinnati Reds (slot value: $632,500)
- Wake Forest third baseman Kade Lewis selected No. 123 (fourth round) by Cleveland Guardians (slot value: $626,500)
- UNC-Wilmington third baseman Trevor Lucas selected No. 129 overall (fourth round) by Seattle Mariners (slot value: $591,700)
The North Carolina Forest Service and
area fire departments are responded to a large wildfire on Friday in the Shallotte area, according to
Brunswick County officials.
Smoke
from the fire may impact visibility in the area near Old Georgetown Road and Hale Swamp Road. Officials are asking
drivers to use caution when traveling nearby and to avoid the area if
possible to allow fire personnel and first responders to work safely.
According to the North Carolina Forest Service wildfire viewer, the fire has grown to approximately 300 acres and is 60% contained as of 11:20 p.m. Friday.
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