Cannabis & Marijuana Law Q&A by State

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Cannabis & Marijuana Law Questions & Answers
2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Civil Rights for Illinois on
Q: In Illinois, would finding less than 5grams of marijuana on person be considered probable cause to search vehicle?

Pulled over for license plate light and came back clean when running license. Pulls me out of car, and I had .5g or less and he said that gave him probable cause to search. It's not illegal to be in possession of marijuana in Illinois so why would that give him probable cause? I believe my... Read more »

Dan Nold
Dan Nold answered on Oct 25, 2021

It’s illegal to possess marijuana in a vehicle unless it is basically in store packaging. So the search was probably legal. You should have an attorney evaluate the evidence for potential motions or to negotiate on your behalf.

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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: In Illinois where marijuana is legalized, can a Court take that right away from you?

Wouldn't it be considered taking away a civil liberty by denying what the law allows?

Dan Nold
Dan Nold answered on Oct 25, 2021

The law routinely takes away things as punishment. DUI-can’t drink during your sentence. Too many tickets - suspended license.

So yes, a sentence may require that you not consume thc. You should consider a prescription for cannabis if you need it medically.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: I had a misdemeanor possession of marijuana arrest in 1972. Sentence was deferred and completed successfully.

Record was expunged and sealed. I'm trying to get arrest and/or court records now but the arresting agency and county clerk of the court have no records. The arrest still shows up on my national background check but without any related charges or court decisions. How can I get that info?

Tracy Tiernan
Tracy Tiernan answered on Oct 21, 2021

That was a long time ago. I’m guessing you might have trouble locating your attorney but that’s always the first place to start. There are different types of expungements under Oklahoma statutory law. Sounds like maybe you only took the expungement granted by the Court (Judge) but might not... Read more »

1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law and Car Accidents for Washington on
Q: Can an opposing party sue my family if I where to get into an accident because I have THC in my system?

I am 18 and have my medical marijuana card. I live in the state Washington. My parents claim that if I were to get into an accident since I would have THC in my system the opposing party could sue my family. Keep in mind I never drive under the influence. I am under there car insurance as well. Is... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 19, 2021

A Washington attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney for the most accurate state rules, in many jurisdictions, the claimant will usually go after the vehicle operator and the owner. Those two parties are generally... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: Is it legal in Oklahoma to smoke marijuana in front of minors?

I know a family that I’ve been told is doing this.

I don’t have personal knowledge, but I’m concerned.

Charles Watts
Charles Watts answered on Oct 17, 2021

With the passing of medicinal marijuana this question becomes very interesting. A medical user can use anywhere that smoking is permitted. (In other words can’t smoke indoors where smoking of cigarettes would be prohibited)

Additionally, there are minors who also have medicinal marijuana...
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1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: My puppy ate my roommates weed and now she’s asking for the report, is this legal?

My 3 month old puppy ate some of my roommates weed and had to have an emergency visit. She is now asking for the vet records because she claims “I am creating false accusations”. She is not planning on doing anything legal with this, however she wants proof of the report saying weed was in my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 17, 2021

Is it "legal" for her to request the records? Yes. Do you have to comply? No.

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: Can you smoke weed on probation in michigan with a legal medical marijuanna card
Brent T. Geers
Brent T. Geers answered on Oct 15, 2021

Legally? Possibly. I still would not advise you do it though, as you might raise more attention for yourself then you need right now.

1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... Read more »

Charles Watts
Charles Watts answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Ohio on
Q: Can I fight a DUI when I passed the breathalyzer but failed a blood test for marijuana?

I'm a resident of Ohio but was texting while driving in West Virginia which caused me to swerve and cross left of center. I explained this to the officer but he insisted I was intoxicated. I asked to take the breathalyzer several times but was refused. I also explained that due to previous... Read more »

Andrew Popp
Andrew Popp answered on Oct 12, 2021

If the offense occurred in WV, then you need a WV attorney. Whether or not you have any legal defenses is a complex question and requires a detailed analysis of the entirety of the situation. In short, you need to find a way to obtain an attorney. Maybe readdress your financial situation with... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: I live on 80 acres in the middle of the Hiawatha National forest with no neighbors in very rural Upper Peninsula.

Property is heavily wooded, house and pole barn are 1000 ft off the road and only driveway in is gated. Do I still have to have my 12 marijuana plants in a locked facility outside?

Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

Check with a local attorney to be sure but I am unaware of any exception to that rule.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Michigan on
Q: Can I use medical marijuana on bond?

I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.

Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: I’m working in cannabis delivery. They did not pay me to train couriers they said they will give me bonus if I train.

I’m not a lead they just ask me to help them out and told me to give bonus but they did not give me bonus. I trained few people but nothing. Can I file a lawsuit? How much can I get if I did?

Brad S Kane
Brad S Kane answered on Oct 8, 2021

While the promise to give you a bonus to train people is probably to vague to be enforced, you should be entitled to be paid for all hours worked, including the time you trained the other couriers. Unless you worked more than 8 hours total on that day or days, you would be entitled to pay at your... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Child Support and Divorce for Oregon on
Q: My fiancé’s ex wife is growing pot illegally and not reporting earnings to IRS in Oregon. We are paying child support…

He has 2 kids; one lives with us full time and the other stayed with his mother and just turned 18. He moved out and is still in HS living with friend in Portland. The mother grows pot illegally in southern Oregon and the younger son living with us doesn’t want to be there. She was unemployed... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 28, 2021

A court has authority to modify a child support order when there has been a substantial change in economic circumstances that was not anticipated at the time of the original judgment. To determine one's income, the court considers both actual and potential income. “Actual income” means... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: Can I get fired for failing a drug test even though I have my medical card and they hired me back at another location

I’m legally disabled since a young age and they’ve been telling me I might be able to get hired back for days now and they updated there policy but I’m left hanging not knowing what’s going on. I’ve missed 7days of work so far. And I have to start work at another location. They said I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 25, 2021

Ohio employers are allowed to terminate or discipline employees for the lawful use of medical marijuana. It is entirely at the employer's discretion.

1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Cannabis & Marijuana Law for Michigan on
Q: What can be done if a judge in MI is ignoring the court of appeals decision that allows mmj patients to use on probation

My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 23, 2021

That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.

While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: In a state where cannabis is legal is it legal to mail THC vape cartridges to another state where cannabis is legal?
Aaron A. Pelley
Aaron A. Pelley answered on Sep 19, 2021

It is still Federally illegal to ship cannabis or transport it across state lines. Or possess cannabis. Or anything with cannabis. Still all federally illegal. All of it.

The reason this is more of a problem is because you are would be using a Federal service (United States Post Office) to...
Read more »

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Illinois on
Q: I want to start a cannabis business but licensing is too expensive in Illinois, how legal is it to sell cannabis clones

What is a Cannabis clone? A cannabis plant that is a genetic copy of the mother plant. When obtained from a reputable breeder, a clone is a young female cannabis plant with stable genetics. Growers typically select to raise clones instead of seeds when they would rather not risk getting a plant... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

No, it would not be legal as the State of Illinois requires a very strict licensing, regulation, and eligibility for any cannabis and its derivatives operation in the state.

Besides, such operation does not qualify as a Sec. 503 non-for profit entity as it would be geared towards profit...
Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: can you be prosecuted for trying an illegal substance once (one mushroom) in the past even without physical evidence

i did it a long time ago and only now has anyone heard of it so now i am being threatened with prosecution without physical evidence.

Andrew Popp
Andrew Popp answered on Sep 9, 2021

Doing drugs is technically not a crime. Possession of the drug is a crime. That being said, if you were on some type of probation etc. that prohibited the use of any drugs then that could stand. Whether or not the prosecutor can prove that you had possession of a controlled substance or if you... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for West Virginia on
Q: Do I need a permit to sell cannabis out a vending machine or does the location where machine will be need the permit?

I am trying to start a cannabis vending machine business and need need to know if I need to get a permit to sell out of each machine and does the place of business need a permit also?

Aaron A. Pelley
Aaron A. Pelley answered on Aug 27, 2021

I think there are a few states that a vending machine could work. However, in most states, recreational or medical, regulations favor that a human check the customers I.D. (for recreational use) or their authorization to use cannabis (medical use) and confirm the person purchasing the product is... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Can I ask to see the evidence on my first court appearance?

The officer claims he found 6 roaches in my floor board, however I asked to see WHAT he found but he only explained WHERE he found them. I know for sure I vacuumed my vehicle out the previous day.

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Not really as First Appearance is VERY limited in scope. You get to see the charges as presented to the court through the initial warrant or UTC. They check your criminal history, confirm some stuff, and can set a bond on many charges (not all). There is not a place for you to contest anything... Read more »

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