The North Carolina Supreme Court will soon weigh in on whether the smell of marijuana is enough for police to establish probable cause to search an individual or their vehicle, a ruling that could reshape law enforcement practices across the state.
At the center of the debate are three cases—State v. Schiene, State v. Dobson, and State v. Rowdy—that challenge the long-standing legal precedent that cannabis odor alone can justify a search. Critics argue that, with hemp now legal in North Carolina, relying on smell or sight is no longer a reliable indicator. They point to a 2019 memo from the State Bureau of Investigation warning that hemp and marijuana are indistinguishable by sight and smell.
One of the most notable cases, In re: J.B.P., involved a teenage driver whose vehicle was searched based solely on the smell of marijuana—and later reversed by a trial judge after the SBI memo was introduced. But the North Carolina Court of Appeals overturned that ruling, stating that probable cause hinges on whether the officer reasonably believes they smelled marijuana, not on whether that belief was correct.
Another case, State v. Dobson, arises from a 2021 Greensboro traffic stop. Officers reported smelling both marijuana and a “cover scent,” which they used to justify a warrantless search. Dobson’s lawyers argue this created an unconstitutional “double odor” standard that bypasses a holistic analysis of the circumstances. The Court of Appeals upheld the search, but the Supreme Court has agreed to review whether officers should be allowed to rely on a combination of odors without deeper context.
Across these cases, appellate courts have consistently held that probable cause is a low bar—it requires only a reasonable likelihood of criminal activity, not proof beyond a shadow of doubt—even when the smell may well be from legal hemp.
The Supreme Court’s decisions could have far-reaching consequences, with attorneys saying a finding that smell alone cannot establish probable cause would limit warrantless searches and better protect individuals involved in the legal hemp trade.
