The Smell of Marijuana is it Marijuana? Or is it Legal Hemp?
The Hemp Farming Act was passed by the General Assembly and signed by Governor McMaster on March 28, 2019 . As a result, in recent months hemp products are being seen in our community. "CBD Dispensaries" have sprung up across the state and even many gas stations are selling CBD products and the legal implications and issues are growing.
Prosecutors across the country have been put in a precarious position based on legal hemp production. The question is: Does the smell of Marijuana alone result in probable cause to search? Many prosecutors around the country are leaning towards a higher standard to require the odor plus additional facts to support probable cause.
Unfortunately, we have no case law in South Carolina at this time to tell us where our courts will fall on this issue. Check back for updates!
If you or your loved one has been charged with a crime the Attorneys of Templeton Mims & Ward are here to help. Our experience in Criminal Defense will help to make sure that you get the best possible results in your case.