Criminal Defense Attorney Patrick Apple discusses marijuana, hemp, and your Fourth Amendment rights. In North Carolina, hemp is a legal substance while marijuana is not. However, these substances are virtually indistinguishable. Certainly to law enforcement officers who are basing searches on smell alone, they cannot tell the difference between the smell of hemp, a legal substance, and marijuana, an illegal one. They could be encroaching upon your Fourth Amendment right against unreasonable search and seizure. If you have a marijuana charge pending, call one of our Criminal Defense Attorneys today and discuss your case.