Hemp vs. Cannabis Case in NC Supreme Court

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September 15 2025

Legal Tension

Hemp is legal in North Carolina.Police still arrest based on cannabis-like smell or sight.Civil liberties advocates say this violates rights.

Courtroom Drama

Attorney Benjamin Kull argued before NC Supreme Court.He held up a baggie of legal hemp.It looked and smelled like cannabis.No one arrested him.This proved his point: hemp and cannabis are indistinguishable by sight or smell.

The Issue

Hemp and cannabis share identical appearance and odor.Only chemical tests reveal differences.NC legalized hemp in 2019.State Bureau of Investigations said smell alone isn’t probable cause for searches.Police often ignore this, arresting based on odor.

Court Trends

Some judges initially resisted police overreach.Recent rulings allow arrests based solely on smell or sight.Kull wants stricter safeguards for hemp users’ rights.

Supreme Court Case

First time NC’s highest court addresses hemp since legalization.No ruling yet.Decision will impact hemp users statewide.

Kull’s Argument

Kull says NC legalized hemp, a major shift.Arrests based on smell tax constitutional rights.He seeks a “totality of circumstances” standard.Police need more than smell—like scales or other evidence—for probable cause.

State’s Position

Special Deputy Attorney General Zachary Dunn argued for police power.Smell or sight of hemp or cannabis justifies searches.Legal hemp doesn’t eliminate probable cause.Dunn claims restricting police empowers drug dealers.

Justices’ Views

Chief Justice Paul Newby (Republican) leaned toward police discretion.Justice Richard Dietz (Republican) questioned arrests at legal hemp events.Justice Anita Earls (Democrat) worried about wrongful arrests’ consequences.State Crime Lab can’t distinguish hemp from cannabis.

Stakes

Wrongful arrests lead to jail, legal costs, or job loss.Kull warns millions of North Carolinians risk rights violations.Dunn says the justice system corrects mistakes at trial.

Conclusion

Kull’s baggie stunt highlighted the hemp-cannabis confusion.He urges stricter standards to protect legal hemp users.The court’s ruling will shape NC’s hemp landscape.