I have been covering developments around the legalization of hemp in North Carolina since 2018. Never did I suspect then that I would still be working on the topic all this time later, but here we are. My last post on In Re: J.B.P. covered the then most recent developments around probable cause and the odor of …
Smith v. Arizona Comes to NC
As regular readers know, the U.S. Supreme Court decided Smith v. Arizona, 602 U.S. 779 (2024), this past June. The decision undercut the reasoning used by North Carolina courts to justify the practice of permitting substitute analysts to offer an independent opinion about the forensic report of another, nontestifying analyst (as discussed here and here). Until this week, no …
The Fourth Circuit Weighs in on THC-O and “Synthetic” THC
Originally posted on North Carolina Criminal Law, a UNC School of Government Blog In September, the Fourth Circuit Court of Appeals issued a significant decision affecting the hemp industry on the federal level. There has been an open question for some time regarding the legality of certain cannabinoids that do not naturally occur in the …
The Fourth Circuit Weighs in on THC-O and “Synthetic” THCRead More
Spring 2024 Cannabis Update (Part II)
This update was originally posted on Apr. 10, 2024 on North Carolina Criminal Law, a UNC School of Government Blog available here. In Part I of my Spring 2024 cannabis update, I discussed the search and seizure issues arising in North Carolina courts around cannabis. Part II explores drug identification evidence issues surrounding marijuana prosecutions and examines …
Spring 2024 Cannabis Update (Part I)
This update was originally posted on Apr. 8, 2024 on North Carolina Criminal Law, a UNC School of Government Blog available here. It has been a while since my last post on cannabis and criminal law issues, and it is past time for an update. In addition to a number of state cases grappling with …
Substitute Analyst Testimony and Smith v. Arizona
Originally posted on North Carolina Criminal Law, A UNC School of Government blog I mentioned in a recent News Roundup that the U.S. Supreme Court granted review in Smith v. Arizona. The case tees up a question that has been lingering since at least 2012: Does the Confrontation Clause permit the admission of substitute forensic analyst testimony? This …
Possession of Khat
Originally posted on North Carolina Criminal Law – A UNC School of Government Blog Readers may have heard of the plant commonly known as khat or qat (or Catha edulis, for the botanically inclined). The plant is indigenous to Africa and is popular in parts of that continent, as well as parts of the Middle East, and is …
<a href="https://nccriminallaw.sog.unc.edu/possession-of-khat/">Possession of Khat</a>Read More
State v. Booth and marijuana identification
In case you missed it, the COA released State v. Booth on Oct. 18, 2022, dealing in part with lay opinions by officers identifying marijuana as such based on sight and odor only and without a proper lab test identifying the levels of delta-9 THC. The officer in Booth was permitted to testify that he could …
New Video on Working with Experts
Reposted with permission. Originally posted here on the North Carolina Criminal Law blog. I’m pleased to announce a new collaboration between the Public Defense Education team at the School of Government and Indigent Defense Services. I frequently get questions from defense lawyers about expert witnesses. Where do you find experts? How do you know which …
New Online CLE based on Autopsy of a Crime Lab: Exposing the Flaws of Forensics
This is a re-post from UNC School of Government North Carolina Criminal Law blog. The original post appears here. A new book by Brandon Garrett is a deep dive into the misuse of forensic evidence in criminal courtrooms. To borrow from its description, Autopsy of a Crime Lab: Exposing the Flaws of Forensics “is the first book …
New Online CLE based on Autopsy of a Crime Lab: Exposing the Flaws of ForensicsRead More
Summer 2020 Hemp Update
Originally posted on June 16, 2020 on the North Carolina Criminal Law blog On Thursday, June 4, 2020, the North Carolina General Assembly passed S.B. 315, referred to as the State Farm Bill, which was subsequently signed into law by the Governor. The bill was pending all last session and stalled, allegedly over a dispute about how …
Carts, Wax, and Oh, My: The New World of Marijuana Extracts
Originally posted on Nov. 12, 2019 on the North Carolina Criminal Law blog. The advent of cannabis legalization across the country has led to a proliferation of new types of cannabis products. There are skin patches, food and drinks (for humans and pets), vaporizer or “vape” cartridges (or “carts”), and different concentrate or extract products (“dabs”, “wax” or “shatter”, among other names). [Click …
Carts, Wax, and Oh, My: The New World of Marijuana ExtractsRead More
Hemp or Marijuana
Originally posted on May 21, 2019 on the North Carolina Criminal Law blog. Back in November of last year, I wrote about hemp and CBD laws here. I have been teaching quite a bit on the subject lately and wanted to follow up that post with an examination of how legal use of hemp products …
Mass. Supreme Court Considers Relevance of FSTs for Marijuana Impairment
Any practitioner that handles driving while impaired charges knows the significance of field-sobriety tests (“FSTs”) to the investigation and prosecution of drunk driving. Scientific research supports the basic idea behind the tests — that test performance on FSTs is an indicator of alcohol impairment. What about when the impairing substance isn’t alcohol at all? Do …
Mass. Supreme Court Considers Relevance of FSTs for Marijuana ImpairmentRead More