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West Virginia Supreme Court Considers Whether Smell Of Marijuana Can Be Basis For Police To Search Homes

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1 month ago

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“There is no longer an inherent connection or logical connection between the smell of marijuana and illegal activity, and for good reason.”

By Lori Kersey, West Virginia Watch

The West Virginia Supreme Court of Appeals is considering a case that questions whether the smell of marijuana alone is enough for law enforcement to obtain a warrant to search a person’s home.

The Supreme Court is expected to rule on an appeal of the Berkeley County Circuit Court’s decision to throw out evidence found in a home after Martinsburg police detected a “strong odor” of drugs. Ignoring the evidence prevented the state from prosecuting a man on drug charges, a lawyer told judges last week.

Aaron Lewis was arrested in 2020 on three counts of drug possession with intent to deliver and being a prohibited person in possession of a firearm, according to to report From the Herald-Mail.

Court documents say Martinsburg police were responding to a call from another man, who was searching the caller’s yard, about a suicidal woman who allegedly stabbed herself. The officers were unable to find the woman and began a door-to-door search for her.

Officers went to Lewis’ home where his son, Aaron Lewis Jr., answered the door. Officers detected a “strong odor of marijuana,” according to court documents. Young Lewis refused to give officers permission to search the house.

Before obtaining a search warrant, they entered the home to conduct a “protective search,” during which they found a wad of cash and two clear containers in the kitchen’s kitchen, court documents say. Two officers then left to obtain a search warrant while other officers remained on scene to secure the apartment.

An officer cited the strong odor of marijuana and observations during the sweep as the basis for believing a controlled dangerous substance was present in the home.

A magistrate granted a warrant to search Lewis’ home, seizing “(a)ny and all controlled substances … including, but not limited to, heroin and methamphetamine,” as well as seizing cash, firearms, books, digital devices and drug paraphernalia. the documents say

During the search, officers seized bags and containers of suspected marijuana, a bag of suspected heroin, a bag of crack cocaine, a handgun and 11 rounds of ammunition and cash, according to court documents.

A lawyer for Lewis asked a judge in 2023 to suppress all evidence seized under the warrant, arguing that the initial warrantless search — a security search before a search — violated the Fourth Amendment, which protects against unreasonable searches and seizures. Without the observations made during the search, all that was left was the smell of marijuana, and that alone is not enough to constitute probable cause, the attorney argued.

Berkeley Circuit Judge Debra McLaughlin granted Lewis’ motion to suppress the evidence, saying homes searched should be given more protection than cars. The judge ruled that the smell of marijuana alone did not constitute evidence of “illegal drug trafficking and/or possession of heroin, methamphetamine and/or other illegal drugs” in the home, court documents state.

The state of West Virginia is seeking a writ of prohibition in the case, a legal order barring the circuit court from proceeding outside its jurisdiction.

“The precedent for this court is clear,” Holly Mestemacher, West Virginia’s assistant attorney general, told the justices. “The odor of marijuana provides probable cause to search. The circuit court ignored and rewrote the law and suppressed evidence seized pursuant to a search warrant.” He described the judge’s decision to suppress the evidence as a “clear and glaring legal error” that exceeded his authority.

The court required “an almost impossible list of proofs required before certainty and probable cause exist,” he argued.

The ruling took away evidence the state needed to move forward in the case, he said.

“It’s actually a death knell for our ability to judge because the court required that standard far beyond what the law has ever required,” he said.

Cameron LeFevre, an attorney representing Lewis, asked the Supreme Court to uphold the Circuit Court’s ruling denying the state’s request for a writ of prohibition. He said the judge doesn’t have to answer whether the smell of marijuana justifies a search. There were “flaws” in the case, he said, including an improper security search, an illegal search of the home and an affidavit that lacked important details.

Federal courts have affirmed that the smell of marijuana is evidence of criminal activity and warrants law enforcement, but many state courts are reconsidering that based on the changing legal status of the drug. according to State Court Report, A project of the Brennan Center for Justice at NYU Law School. The West Virginia Legislature legalized medical marijuana in 2017. All states around West Virginia have legalized medical or recreational marijuana.

LeFevre argued that the Lewis case is not appropriate for the Supreme Court to decide whether the smell of marijuana alone is sufficient to warrant a lawful search.

“There’s an incomplete record. It’s a unique procedural stance. It’s in a writ of prohibition,” he said. “It would be far better for the court to reasonably decide . . . the case on its final merits, after a trial, after a full record, and then there are no other procedural and legal issues in the process of seeking the warrant and the search itself.”

However, if the court decides to take up the issue of the smell of marijuana, he said, the mere smell of marijuana is no longer sufficient probable cause.

“There has been an important development in the laws of the land regarding marijuana,” he said. “(Medical marijuana) has been legalized in West Virginia. It’s been partially legalized in other states around West Virginia. There’s no longer an inherent connection or logical connection between the smell of marijuana and illegal activity, and there’s good reason for that.”

The court is expected to rule on the case before the end of the current trial on June 11.

This story was first published by West Virginia Watch.

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Columbia hemp business Burning Acre to close and move to North Carolina over new Tennessee rules

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2 hours ago

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June 14, 2026

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Burning Acre, a Columbia, Tennessee-based hemp company, says it will close its retail store and move operations to North Carolina ahead of new state regulations that take effect July 1, according to WSMV.

The business says its last day to open in Columbia will be June 30, the same day the Tennessee Department of Agriculture licenses for hemp-derived cannabinoids expire. As of July 1, businesses that continue to operate in the state will be required to be licensed under a new regulatory framework led by the Tennessee Alcoholic Beverage Commission.

Burning Acre says the changes have forced it to abandon plans for a new sandwich shop and bakery and close its Tennessee retail operations and relocate to Murphy, North Carolina. “I won’t sugarcoat it, it’s a very hard video for me and a message I should never have written,” the business wrote.

The business puts the annual cost of manufacturing, distribution and running the retail store at about $750. Under the new rules, he says, those costs would rise by tens of thousands of dollars, citing new licensing fees, a required $25,000 annual bond and increased testing fees.

The law, which took effect in July, changes the regulation of hemp-derived cannabinoid businesses from the Department of Agriculture to the ABC. The Department of Agriculture stopped issuing licenses at the end of 2025, and the licenses issued by the TDA will remain valid until June 30, 2026.

“Columbia, we absolutely love being a part of this community,” said Burning Acre. “We are truly heartbroken to have to say goodbye to this location.”

Read more at WSMV4










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North Carolina Lawmakers Advance Bill To Set A Minimum Age Limit For Hemp And Kratom Products

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June 14, 2026

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“Many other details about cannabis have been debated and will continue to be debated.”

By Christine Zhu, NC Newsline

Lawmakers in North Carolina are considering banning people under 21 from buying or possessing certain hemp-derived consumables, including combustible hemp flower, hemp cigarettes, gummies and drinks, or items that include the drug kratom.

The House Agriculture and Environment Committee approved a rewrite of Senate Bill 59 on Wednesday. This is the latest attempt by state legislators after years of proposals to regulate the sale of hemp products that didn’t work out in the end.

This measure would prohibit companies from selling such products to under-21s. If the seller has “reasonable grounds” to believe that the buyer is under the age of 21, the seller must verify the buyer’s ID.

Rep. Jimmy Dixon (R-Duplin), who introduced the bill, said he was motivated to bring public attention to issues surrounding cannabis. He said there was a 14-year-old boy in his neighborhood who had an emergency after buying a hemp-derived product.

“There are a lot of other details about cannabis that have been debated and will continue to be debated, but ladies and gentlemen, to make sure we have the good sense to be agents of these kinds of issues, that’s the lowest hanging fruit,” he said.

Violators would face a Class 2 felony, as well as a fine of $500 for a first offense, $1,000 for a second offense and $1,500 for subsequent offenses.

asked Rep. Pricey Harrison (D-Guilford). of the bill language resulted in potential changes to hemp-derived products. It is common for manufacturers of synthetic recreational drugs to make changes to the chemical composition of their products to avoid legal bans or restrictions.

“I assume the definition as written is broad enough to capture any future manipulation of molecules,” he said. Dixon nodded.

Legislators also voted in favor correction To add kratom products to the under-21 ban.

Rep. Jeffrey McNeely (R-Iredell), who proposed the amendment, said it was necessary to add those elements to the bill.

“I’ve been working on this for quite some time, trying to get these bills passed,” McNeely said. “We definitely have a problem. So I’m hoping we can keep posting this and we’ll get something done before we get out of the short session here.”

Both the amendment and the legislation passed unanimously without debate.

The bill moves next to the House Rules Committee. Other amendments will be heard when they appear on the House floor, which could be as soon as next week.

This story was first published by NC Newsline.

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GreenTech Amsterdam 2026 in 2026 photos

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June 13, 2026

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Well, it’s not 2026 photos, but with around 600 photos, we definitely did our best. For the past two days, the Netherlands has been the place to be for the global greenhouse industry. From Flower Trials for the horticulture sector, company visits to growers and technical suppliers, as well as dinners, get-togethers, drinks, knowledge sessions and much more. And of course with GreenTech Amsterdam.

The event brought together professionals from around the world to connect, network, share knowledge and do business.

Next week, we’ll be sharing more information on market developments, trends, what’s on display, news, business news, innovations and whatever else you can think of, but for now we’ll stick to photo reporting.

Click here for the photo report.

© Arlette Sijmonsma | MMJDaily.com










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