A judge signed an order on Wednesday that will ban anyone who has the “odor of marijuana” from ever entering the North Carolina Superior Courts of Robeson County.
The order states that the smell of cannabis is grounds for removal from courthouses. Sheriffs will then be instructed to “ask [you] to leave the building and return without the odor on your person.”
In a “findings of facts” section, it is stated that “the Robeson County Courthouse [is] a government building open to the public for the purpose of conducting official business for North Carolina.”
The order by Senior Resident Superior court Judge James Gregory Bell states that “the public may enter the courthouse at any time during regular hours to conduct their business. It is important to ensure the safety and well-being of all those who use the courthouse for business as well as the employees.”
“IT IS, THEREFORE ORDERED THAT:
1. The Superior Courts of Robeson County prohibits anyone with the smell of marijuana, THC or CBD, Hashish, Hemp, and similar substances from entering the courtrooms to conduct court business. The Sheriff of Robeson County will ask you leave the courtroom and return without any odor on your person.
The order poses a few questions. According to the findings of facts, it is unclear whether the “safety or health” of those in the courthouse will be “threatened” or “impaired” if someone enters the building smelling of cannabis.
Second, odor is subjective. The sheriff has been instructed to enforce this rule. But who determines if a person is in fact “smelling of marijuana”?
The order is a response to a question of greater legal significance concerning the odor of marijuana that was left open by the North Carolina Court of Appeals. In a recent court case, it was noted that the court declined to decide whether the smell of cannabis or the sight of it is sufficient to warrant a search by police. This question was prompted by the fact that in North Carolina hemp is legal and is virtually indistinguishable to illegal marijuana.
A poll conducted earlier this month revealed that almost eight out of ten North Carolinians are in favor of medical marijuana legalization.
Below, you can read the North Carolina Superior Court Order regarding marijuana smell in the courthouse:
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