This week the North Carolina Court of Appeals held in State v. Jacobs that the odor of unburned marijuana coming from Defendant’s vehicle was grounds for reasonable suspicion to stop the vehicle. In this episode, Jake looks at the lack of meaningful distinction between marijuana and hemp and how to attack a stop based on the odor of marijuana post-Jacobs.  

Highlights:

·      Understand (admittedly at very surface level) the scientific distinction between marijuana and hemp.

·      Uncover the North Carolina State Bureau of Investigation’s memorandum indicating why officer’s cannot use the odor of marijuana to establish probable cause in a world where hemp is legalized.

·      Learn why State v. Stover, 200 N.C. 506 (2009), which was relied upon by the Jacobs Court, in the aftermath of the 2018 Farm Bill (legalizing hemp).

·      Discover why Jacobs decision has far-reaching implications for criminal defense and DWI lawyers.