Eric Lebron Burney v. United States

By April of 2019 both the state of Tennessee and the federal government excluded low-THC (delta-9 tetrahydrocannabinol) marijuana from the definition of illegal “marijuana” as a controlled substance. That resulted in the proliferation of legal, low-THC marijuana products (often termed “hemp” by statute), which look, smell, and smoke the same as the illegal, high-THC variant of the same plant. The question presented here is: Does the smell of legal, low-THC marijuana provide probable cause for law enforcement to conduct an extensive search behind the internal framing and upholstery of an automobile?