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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: What are the laws in Ky at the moment for not hiring or firing someone for using legal CBD products?

Was dined a job for showing positive for THC in urine and I only use CBD gummies, vape and oils instead of Mobic for my arthritis which has severe health problems associated with medication. Was informed any use of CBD products will cause you to fail and I could not be employed and when when the... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

Currently, Kentucky does not offer any sort of employment protection to legal CBD users.

In Kentucky, CBD products are legal if they contain 0.3% or less THC. In order to test positive in a typical urine test, a user would need to consume more than 2,000 mg of legal CBD products / day....
Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Federal Crimes for California on
Q: if someone sends a controlled substance across state lines, what happens to the person who receives it

i think i am being scammed by someone who advertises sending medicine online, then i found out it’s a controlled substance, and they’ve been hitting me for hundreds of dollars for insurance stamps etc and threatening me that i’ll get arrested if the package is opened before delivery. i never... Read more »

James L. Arrasmith
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answered on May 16, 2023

Federal Law: Controlled substances are regulated by the federal government in the United States, primarily through the Controlled Substances Act (CSA). The CSA categorizes drugs into different schedules based on their potential for abuse and medical use. Sending a controlled substance across state... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Washington on
Q: Is marijuana in a recreationally legal state considered illegal if probation states no illegal drugs allowed?

I moved here on an interstate compact from Oklahoma to Washington. My stipulations on probation state no controlled substances without prescription or illegal drugs. Since marijuana is recreationally legal in this state and my stipulations aren't specific, only typical rules for anyone on... Read more »

Aaron A. Pelley
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Aaron A. Pelley
answered on May 7, 2023

Short answer, no. Unfortunately, the legislature has specifically decided that people who have committed crimes do not deserve one of the safest drugs that is available for treating a number of medical conditions. The provision for medical cannabis specifically calls it out by saying, "... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Landlord - Tenant and Real Estate Law for California on
Q: I am a renter and was fined 30k for a Marijuana grow. Is removing the lien hold on the property possible?

The grow was where four different properties meet. The plants were removed and 30,000$ fine was issued to me. But a lien was placed on the property. The land owner lives out of state and had no knowledge of any activity. Is removing the property lien hold possible?

James L. Arrasmith
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answered on Apr 28, 2023

If you were fined $30,000 for a marijuana grow in a rental property, and a lien was placed on the property, it is possible to have the lien removed if you pay the fine or reach a settlement agreement with the governing authority that imposed the lien.

However, it is important to understand...
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1 Answer | Asked in Employment Law, Cannabis & Marijuana Law and Employment Discrimination for Oklahoma on
Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.)

The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How... Read more »

Charles Watts
Charles Watts
answered on Apr 26, 2023

In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that... Read more »

2 Answers | Asked in Immigration Law and Cannabis & Marijuana Law on
Q: Can current "legal" medical marijuana use affect a K1 visa beneficiary from being admissible into the US?

My fiancé currently resides in Jersey Island, UK. He has a legal prescription for medical marijuana. While he's been here visiting, he's NEVER used it and is aware of the ramifications - so he usually tries to get by with Aspercreme/NSAID's for his pain. However, I'm concerned... Read more »

James L. Arrasmith
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answered on Apr 18, 2023

Under current U.S. federal law, marijuana is still classified as a Schedule I controlled substance, regardless of whether it is used for medical purposes or not. While some states have legalized marijuana for medical or recreational use, it is still illegal under federal law. When applying for a K1... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: I am considering applying for a medical marijuana card for my anxiety and depression. Will this be a permanent mark?

I am only 18, and I know there are certain things you cannot do by holding a medical marijuana card. I do plan to ask a doctor and get it done officially, however, I don't want to have a permanent mark that will restrict me for the rest of my life. Please let me know.

James L. Arrasmith
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answered on Mar 29, 2023

It is advisable that you consult with a licensed healthcare professional or legal expert in your area to understand the specific laws and regulations around medical marijuana use and how they may affect you. Additionally, if you are concerned about the long-term impact of having a medical marijuana... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Car Accidents and Employment Law for Ohio on
Q: what happens if im driving a company vehicle and im not high but weed is in my system and someone hits me or i hit some1

i usually only smoke like one bowl a day and if i get a medical card will i be ok no matter what

Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 29, 2023

It is illegal to smoke marijuana in Ohio. This is true even if you have a medical card. Your employment is also not protected from the use of marijuana even if you have a medical card. Marijuana in your system will likely be determined to be a contributing factor in any accident.

3 Answers | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?

But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.

James L. Arrasmith
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answered on Mar 24, 2023

If you were fired from your job due to the use of CBD oil and believe that you were wrongfully terminated, you may have legal options.

In California, employers are generally prohibited from discriminating against employees based on their use of medical marijuana or CBD oil for medical...
Read more »

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3 Answers | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?

But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

It is likely--even under California law--that your employer can legally fire you for failing a drug test.

I advise you, however, to keep the CBD oil that you used and to have it tested for THC. Although it is extremely rare to test positive on a drug test as a result of using CBD oil,...
Read more »

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1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Juvenile Law for Illinois on
Q: I’m 17 years old. I have court soon and would like to know what consequences I’ll likely have to face.

I got charged with reckless driving, fleeing/attempt to elude an a officer, Unlicensed (it was after curfew), unlawful use cannabis/driver, 35+ in a 55, and disregard of 7 separate stop signs. I know nothing is certain until I appear in court but I’d like to know what they might charge me with... Read more »

Theodore J. Harvatin
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answered on Mar 8, 2023

If a driver runs more than two stop signs or stop lights or exceeds the speed limit by more than 20 miles an hour while an officer is in pursuit, that could be charged as a felony. The first court date is not the end of your case; it is the beginning. That is where you or your attorney plead not... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Employment Law and Social Security for New Mexico on
Q: Can a person on disability help(volunteer) her husband in cannabis business without losing benefits?
James L. Arrasmith
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answered on Mar 4, 2023

It depends on the specific circumstances and the laws and regulations of the state in which the person resides. Generally, disability benefits are designed to provide financial assistance to individuals who are unable to work due to a disability. If a person is receiving disability benefits, they... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Illinois on
Q: I am being denied employment by a company in chicago because I had marijuana in my drug test. Is this legal? If not what

What are my options?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 24, 2023

Based on the information you've provided, it appears the company's refusal to hire you based on a failed drug test for marijuana does not appear to be illegal. It's really unfair as cannabis metabolites can be detected in urine even 30 days after someone ingests the drug, making it... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: My boyfriend was arrested yesterday for violating his probation with positive drug test for weed. His PO said she

Would see him Monday or Tuesday what can we expect now. I'm so scared and need answers. This was his first time arrested for violating

Melaney LaGrone
Melaney LaGrone
answered on Feb 16, 2023

Any violation of probation can result in the court sentencing him to jail for the time that he has remaining on his probation. The probation officer can also ask the court or recommend to the court that he gets a pass and can continue on probation. Whatever decision made is up to his probation... Read more »

Q: Can I legally run a business where I provide business consultation to established or aspiring criminals?

I have a particular skill at knowing how to effectively commit a crime, whatever that crime may be. As a result, I'm very good at providing advice to people looking to also commit a crime. I'd love to be as legitimate a business man as possible, but is that even a possibility given my... Read more »

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Feb 15, 2023

According to the theory of criminal law, knowing about an impending crime and not reporting it is in itself a criminally punishable act. This is called covering up a crime. An additional element of the crime in your case may be the planning and preparation for the commission of a crime.... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: Why do Attorneys on this "FREE LEGAL HELP FORUM " website tell us "Not to talk about the details "

Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

James A Hanson
James A Hanson
answered on Jan 30, 2023

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same...
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Q: Should the fda and cdc be legally held accountable for allowing the hemp thc-o acetate, heart/Lung issue/teeth damage

I have contacted both and have been neglected to be called back, They have known for years and after I was forced to use their safer than cannabis alternative here in Wisconsin, thc-o is everywhere and now after a rancid batch I had 2 months of a sinus infection, now heart issuses, lungs hurt and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

The FDA and CDC are federal agencies which have sovereign immunity from such lawsuits.

You may however have a valid claim against the sellers and manufacturers of the Thc-o products you used.

Just as with tobacco using plaintiffs, you will face comparative / proportional...
Read more »

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for California on
Q: If I call the cops on someone on my property does the cops the right to search me and my residence?

I smoke weed and some person won’t get off my property harassing me i don’t want the sheriffs if I call them, searching my home and maybe planting something on me.

James L. Arrasmith
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answered on Feb 20, 2023

If you call the police on someone on your property, the police may have the right to conduct a limited search of your property for the purpose of ensuring their own safety and the safety of others. However, the police generally cannot search your home or person without a warrant or probable cause... Read more »

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2 Answers | Asked in Cannabis & Marijuana Law for Maryland on
Q: In the state of Maryland is the smell of weed a reason to search my car
Mark Oakley
Mark Oakley
answered on Jan 17, 2023

Yes. Possession of marijuana is still illegal in Maryland, even if the amounts are below the criminal threshhold and only qualify for the civil infraction, and simple possession will remain illegal until the new Maryland law goes into effect in July 2023. After that time, mere odor of marijuana... Read more »

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