North Carolina Supreme Court Once Again Revisits the Issue of Smell Searches

Over the years, many defendants in North Carolina have been arrested for cannabis possession after searches. Many of these searches had no legal justification other than the alleged scent of marijuana emanating from the defendant or their vehicle. Other states do not allow these kinds of searches, and some argue that they are unconstitutional. The North Carolina Supreme Court has gone back and forth on this issue within the past few years, and it is once again revisiting the constitutionality of “smell searches.” What can you do if you were arrested for cannabis possession in North Carolina?

Supreme Court Decides Whether Smell Searches are Legal

In March of 2025, The Carolina Journal noted that the state’s Supreme Court was hearing an important appeal regarding marijuana possession. The case stems from an incident in 2021, when police found marijuana in the defendant’s vehicle. During the traffic stop, police allegedly smelled the scent of marijuana emanating from the suspect’s vehicle. They also smelled the scent of cologne, implying that the suspect was trying to cover up something. 

Based on these observations, the police carried out a probable-cause search of the suspect’s vehicle. They found drugs inside the vehicle, and this led to an additional search of the suspect’s body. During this second search, they located a firearm. As a result, the defendant was charged with not only possession of drugs, but also a serious gun crime. 

His lawyer quickly argued that if police had not carried out their search based on scent alone, they would have never located the gun. If this “smell search” was indeed unconstitutional, then the gun charge should be dismissed. 

The defendant’s lawyer also argued that hemp had been legalized in North Carolina at the time of the traffic stop, and it is impossible to distinguish between the scent of legal hemp and illegal marijuana. This argument is similar to those raised by other defendants in previous North Carolina cases. 

Pushing back, prosecutors pointed out that the smell of cologne implied that the defendant was trying to hide something. This, they argue, was sufficient to satisfy the requirements of a probable cause search. The defendant countered by stating that this creates an illogical “double scent” rule. The presence of a masking scent does not necessarily mean that the other scent is that of marijuana, the defense lawyer maintained. 

Nevertheless, the Court of Appeals unanimously ruled against the defendant in 2024. Now, the Supreme Court will have to examine the case and have the final say. 

Can a Marijuana Defense Lawyer in North Carolina Help Me?

A marijuana defense lawyer in North Carolina may be able to help if you are facing possession charges. While it is true that the penalties for simple possession are relatively light, there is no sense in getting a criminal record if you do not have to. With an experienced defense attorney, you can push back and challenge the circumstances of your arrest. Recent cases illustrate that these “smell searches” could be considered unconstitutional. Explore this concept further with Coastal South Law today.