The Debate Over the Marijuana “Smell Test” Continues in North Carolina

The Tar Heel State is struggling to decide what it really thinks about cannabis. On one hand, the state is home to at least one legal dispensary that allows residents to purchase legitimate marijuana. There are many other establishments across the state that allow users to purchase legal hemp products. On the other hand, police continue to arrest people for marijuana possession in North Carolina – even after defendants legally purchase these products. The Supreme Court may need to have the final say on this complex issue. 

North Carolina Supreme Court Decides Legality of Odor-Based Searches for Cannabis

In September of 2025, The Carolina Journal reported that the state’s top court was trying to decide whether odor-based marijuana searches were legal. For many years, law enforcement officers in North Carolina have been able to carry out warrantless searches based only on the odor of marijuana. This has raised obvious concerns, as any officer can simply claim that they smell marijuana at any point during a traffic stop. 

The odor of marijuana cannot be captured by dashcam or bodycam footage. The odor of marijuana is also highly subjective, and the drug can smell like many perfectly legal things. These include herbs and skunks. While these concerns were always present, new developments in the legality of hemp products cast even more doubt on the constitutionality of odor-based searches for marijuana. 

Hemp products are legal in North Carolina on a federal level. Users can purchase hemp products at establishments. As long as these substances contain a relatively low amount of THC, they are legal to purchase in any form – including gummies and other edibles. Users can also buy legal, smokable hemp. Many claim that the scent of this legal hemp is indistinguishable from that of illegal marijuana. Some police officers disagree, arguing that it is possible to smell the difference between the two substances before carrying out a legal search. 

Is this constitutional? This is the question the North Carolina Supreme Court is trying to answer. Some Justices seemed to be more conservative, while others seemed to want to push the issue up to the Supreme Court of the United States. At least one Justice voiced fear that by preserving this “smell test” excuse for warrantless searches, the state would deter law-abiding citizens from engaging in the lawful act of purchasing hemp. As of this writing, the Supreme Court is still making its decision.                                                                                                                                    

Can a Marijuana Defense Attorney in North Carolina Help Me?

A cannabis defense attorney in North Carolina may be able to help if you face consequences for marijuana possession. As past cases have shown, it is possible to face an arrest and an unlawful search even if you legally purchase cannabis or hemp products in North Carolina. The Supreme Court may soon provide clarity on this issue. Until then, you can discuss your defense strategy with Coastal South Law.