A story about the smell of weed, the state of pot in North Carolina, and why so many products somehow are able to hint that they'll get you high, legally.
Just legalize it all and regulate. Add the sin tax like we do alcohol and between that and sales tax we can help out teacher pay, schools, farmers and stop wasted time by police. Oh and we could, with everything in place with respect to a slowly suffering cigarette/tobacco industry go in on weed and see the triad surge.
Also you literally have data from a ton of states to show you what happens when you legalize it. This case feels like it’s bigger than just a case about policing. Every lawyer is gonna be like “prove that this isn’t hemp” knowing the cops can’t do it.
This is important for anyone who has experienced a "probable cause” situation.
The cannabinoids in cannabis (whether industrial hemp or marijuana) have no odor. The distinctive sweet, skunky, or aromatic smells people associate with cannabis come from the plant’s terpenes, not its cannabinoids.
This means there is no scientific or legal basis for claiming that the smell of cannabis alone establishes probable causefor a search or arrest. Such an argument is not grounded in science—and it will not stand up in court.
Yeah, I think the "will not stand up in court" thing is important, but the "probable cause" part is the part that might lead to, say, harassment. Here's a bit from Will Doran's WRAL story on this:
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“So, the officer’s walking down the street here in Raleigh, past the Convention Center,” Dietz said, setting up a hypothetical. “He says, ‘I know that odor. I've smelled marijuana.’ And he looks over there at the Convention Center — giant banner, it says, ‘Welcome, guests: International Hemp Smoking Convention.’”
Dietz then asked Dunn directly: “Is the state's position, there's a fair probability there's criminal activity for it? You'll get a warrant, probable cause, to go in and start arresting people at the hemp smoking convention?”
Dunn said yes.
“It is a tough case,” Dunn said. “It's a difficult case. But we would say it would still get us across the line.”
1. "My man is, during his closing argument, holding up a baggie of what looks like marijuana (but—spoiler alert—is technically not)." How do you know? Maybe it actually was. That's the whole point.
2. With Newby as Chief Justice, there is very little chance the defendant prevails. Newby HATES criminal defendants. I counted up his published decisions (majority, concurring, dissenting) in criminal cases several years ago, before he was on the Supreme Court. It was something like 2-32 against criminal defendants. And it sure as heckfire hasn't gotten any better since.
Yeah, that's a good point. You actually CAN'T know. But also: It's amazing to see the context in action. Here's a lawyer who has the credentials and the clientele to be able to argue in front of the state's highest court, and he's in a room full of justices and LEOs, and he says this baggie is not marijuana, and everybody believes him! Nobody arrests him just "to be sure." But the person who's smoking something stinky outside that building doesn't get the same benefit of the doubt.
Law enforcement will use that smell as probable cause and do whatever they want with you. But in court, law enforcement's discovery material will be thrown out because of science. Because that smell is not marijuana…it’s terpenes.
I don't want to smoke it. I want to use the cbd oil that used to get from my chiropractor before he has his stroke. Problem is a newer doctor requires drug screenings monthly and this product has thc in it and I had to quit. The oil cut my cholesterol in half and kept my blood pressure lower. If move to Florida as planned and get the marijuana card. There goes my second amendment right, because on the 4473 you have to attest that you are not an unlawful user of this substance. Pretty sure that this is another one of big pharma's scams to keep you buying their products and not using something natural. After quitting I was sleeping 4 hours every 3 days. Just as Charlie Kirk was starting to see how Israel is being portrayed and other propaganda in the media, someone should step up for we the people. 1st comment on one of your articles. Inflation is kicking my SS and fixed income's tail. Regards
Just legalize it all and regulate. Add the sin tax like we do alcohol and between that and sales tax we can help out teacher pay, schools, farmers and stop wasted time by police. Oh and we could, with everything in place with respect to a slowly suffering cigarette/tobacco industry go in on weed and see the triad surge.
Also you literally have data from a ton of states to show you what happens when you legalize it. This case feels like it’s bigger than just a case about policing. Every lawyer is gonna be like “prove that this isn’t hemp” knowing the cops can’t do it.
This is important for anyone who has experienced a "probable cause” situation.
The cannabinoids in cannabis (whether industrial hemp or marijuana) have no odor. The distinctive sweet, skunky, or aromatic smells people associate with cannabis come from the plant’s terpenes, not its cannabinoids.
This means there is no scientific or legal basis for claiming that the smell of cannabis alone establishes probable causefor a search or arrest. Such an argument is not grounded in science—and it will not stand up in court.
Yeah, I think the "will not stand up in court" thing is important, but the "probable cause" part is the part that might lead to, say, harassment. Here's a bit from Will Doran's WRAL story on this:
---
“So, the officer’s walking down the street here in Raleigh, past the Convention Center,” Dietz said, setting up a hypothetical. “He says, ‘I know that odor. I've smelled marijuana.’ And he looks over there at the Convention Center — giant banner, it says, ‘Welcome, guests: International Hemp Smoking Convention.’”
Dietz then asked Dunn directly: “Is the state's position, there's a fair probability there's criminal activity for it? You'll get a warrant, probable cause, to go in and start arresting people at the hemp smoking convention?”
Dunn said yes.
“It is a tough case,” Dunn said. “It's a difficult case. But we would say it would still get us across the line.”
Two comments:
1. "My man is, during his closing argument, holding up a baggie of what looks like marijuana (but—spoiler alert—is technically not)." How do you know? Maybe it actually was. That's the whole point.
2. With Newby as Chief Justice, there is very little chance the defendant prevails. Newby HATES criminal defendants. I counted up his published decisions (majority, concurring, dissenting) in criminal cases several years ago, before he was on the Supreme Court. It was something like 2-32 against criminal defendants. And it sure as heckfire hasn't gotten any better since.
Yeah, that's a good point. You actually CAN'T know. But also: It's amazing to see the context in action. Here's a lawyer who has the credentials and the clientele to be able to argue in front of the state's highest court, and he's in a room full of justices and LEOs, and he says this baggie is not marijuana, and everybody believes him! Nobody arrests him just "to be sure." But the person who's smoking something stinky outside that building doesn't get the same benefit of the doubt.
Almost like the criminal justice system is largely arbitrary and unfair...
Might need to watch this video just for the reactions
Amazing how stone faced everyone is, really. Like, he got no reaction but just the right amount of side eye.
Being able to purchase a 100mg THC drink derived from hemp at a local bottle shop but not being able to grow the actual plant is an absurd situation.
It is still absurd - but technically you can apply for a license: https://hemp.ces.ncsu.edu/2024/06/how-to-get-a-license-to-grow-hemp-in-nc/
The process assumes you are a commercial farmer, but I don't think anything prevents an individual from getting the license.
Law enforcement will use that smell as probable cause and do whatever they want with you. But in court, law enforcement's discovery material will be thrown out because of science. Because that smell is not marijuana…it’s terpenes.
Here’s an article that highlights the absurdity of government regulations on industrial hemp
https://www.linkedin.com/posts/joewhickey_industrialhemp-hempfood-hempfiber-activity-7371158007830781952-CJud?utm_source=social_share_send&utm_medium=member_desktop_web&rcm=ACoAAAAAzcsBYM3b-SeSIkHQEJ_fam2bhSw87xI
A scientist just mentioned that esters and thiols, along with terpenes, all contribute to cannabis’s aroma and flavor profile.
I don't want to smoke it. I want to use the cbd oil that used to get from my chiropractor before he has his stroke. Problem is a newer doctor requires drug screenings monthly and this product has thc in it and I had to quit. The oil cut my cholesterol in half and kept my blood pressure lower. If move to Florida as planned and get the marijuana card. There goes my second amendment right, because on the 4473 you have to attest that you are not an unlawful user of this substance. Pretty sure that this is another one of big pharma's scams to keep you buying their products and not using something natural. After quitting I was sleeping 4 hours every 3 days. Just as Charlie Kirk was starting to see how Israel is being portrayed and other propaganda in the media, someone should step up for we the people. 1st comment on one of your articles. Inflation is kicking my SS and fixed income's tail. Regards