Cannabis & Marijuana Law Q&A by State

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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Do Indiana crime labs have the technology or ability to tell (test) if it's hemp or marijuana

I read an article by Forbes magazine which claimed that indiana didn't have the ability to tell the difference between hemp and marijuana. Now if they can how easy is it? Would it take a long time and would it be costly to the state

Greg Spencer
PREMIUM
Greg Spencer
answered on Jun 23, 2022

I have seen the language in the lab work from the State "Marijuana THC percent not determined". Hopefully at some point in the future they would be able and/or interested in trying to determine that percentage.

1 Answer | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Georgia on
Q: Can a Georgia stat trooper pull your vehicle over for a missing signal light as being probable cause?
Morris  Margulis
Morris Margulis
answered on Jun 20, 2022

Yes, vehicle equipment violations are permissible reasons to initiate a traffic pullover.

What happens after that point is not necessarily fair game, however.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: My oldest daughter, her boyfriend and my younger daughters car was searched upon entry to a festival in manchester, TN.

several small stashes of marijuana were found. My oldest received a simple possession charge. She does not partake in marijuana. If I took a negative hair follicle drug test to court and questioned the fact that the car is not hers, would the charge possibly be dropped?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 15, 2022

Daughter needs a competent attorney now to prepare for a Preliminary Hearing. The hair test would be heresay without expert testimony, but is something to tell the DA. She does not want a drug conviction on her record. It sounds like a consent search also.

2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 3, 2022

No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf... Read more »

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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Indiana on
Q: What can I do if my public defender is not doing her job? Also to make things WORSE she is lying and damaging my case.

She lied to the judge and told him that I wasn't coming to appointments.Which is a lie. I have video to prove it. The judge then told me what a good attorney she was i

her skills were so great so when I went to say something he shut me down and told me that I need to make myself... Read more »

James A Hanson
James A Hanson
answered on May 31, 2022

You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: If I smoked weed 2 weeks before driving, Am I still in danger of getting a dui?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 20, 2022

No, unless you have used some other substance much more recently.

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Louisiana on
Q: If on felony probation, can you be revoked for a positive marijuana drug screen even with a prescribed medical card?
Joseph Aaron Bondy
Joseph Aaron Bondy
answered on May 18, 2022

You should consider requesting early termination of supervised release—which is what I believe you mean by “federal probation,” as the health issue requiring you to possess a medical cannabis card is likely a “new or unforeseen circumstance,” that makes early termination appropriate when... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: I got caught with 8.5 grams of weed at school. The weed was pacaged into 5 seprate pacages. I have no previus record

I found the weed in the bathroom and was going to turn it in but i got scared and didnt turn it in

Joshua Schiffer
Joshua Schiffer
answered on May 17, 2022

Thats gonna be something you want to handle very responsibly. 5 baggies means the administration is going to look at it as distribution/sale, and thats a MUCH bigger deal than just simple possession. You should look into acquiring a lawyer to assist you so that you do not make an innocent error... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: I am facing trafficking charges possession of cocaine meth and marijuana dui and speeding
Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 13, 2022

That's pretty rough, especially since the trafficking charge carries a mandatory minimum. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and see what can be done.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Mississippi on
Q: What would happen if someone is under 21 and has weed?

How much jail time are you looking at?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 13, 2022

Even though they are under 21, they could still be facing some jail time; however, it always depends on the circumstances, like the amount of weed, circumstances of the person having the weed, etc. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Cannabis & Marijuana Law for Maryland on
Q: My uncle is the executor of my parents will she is refusing to give me my trust and won't contact me

She is the executor of the will saying he will donate and not give to me I really need help and I really need help getting my trust cuz my uncle is trying to keep it from me and I don't know what to do

Richard Sternberg
Richard Sternberg
answered on May 8, 2022

There is no reasonable way to evaluate your position without reviewing the trust document to determine the trust instructions and, potentially, formation issues and breaches of fiduciary duties. Schedule a consult with a qualified lawyer.

1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: the state of Minnesota is the smell of weed in a home probable cause to get a warrant to search it?
Thomas C Gallagher
Thomas C Gallagher
answered on May 4, 2022

It shouldn't be. now that hemp flower is legal, and now that medical cannabis patients can lawfully smoke cannabis flower in their home. But, some law enforcement officers and some judges may not be up to date. So, it's probably a good idea to be careful about that.

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Oklahoma on
Q: I have a first offense dui, I am in Cleveland county Oklahoma, am I allowed to continue using OMMA medical card?

My Dui was under alcohol and had nothing to do with drugs.

Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2022

The freedom to use one’s medical marijuana cards to ingest medical marijuana while someone is on any type of criminal probation in the city or County courthouses throughout the state of Oklahoma is a confusing mess.

Well many probation officers and Judges DO allow the use of medical...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: I’m about to begin diversion for a non drug related offense in AZ and will be drug tested. Can I use medical marijuana?

I was instructed to not use “illegal” drugs, however marijuana is legal in the state of Arizona.

Brian C. Soto
Brian C. Soto
answered on Apr 14, 2022

Short answer, yes; you can use your prescribed marijuana.

In REED KALIHER v. State of Arizona, the Arizona Supreme Court held, AMMA bars courts from imposing a probation condition prohibiting the use of medical marijuana pursuant to AMMA.

While this case dealt specifically with...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Missouri on
Q: I'm in the process of getting my medical marijuana card. Can I still possess and own a fireaem if I get my medical card

I know I won't be able to purchase a firearm if the seller does a federal background check. If I do get my card, would I have to turn my firearms over?

David Casey
David Casey
answered on Apr 13, 2022

As of now, one who has a medical marijuana card in Missouri cannot purchase or own a firearm. This is not due to Missouri law, but rather the fact that cannabis is still federally classified a controlled substance This is a quickly-changing area of the law as there is pending federal legislation... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for Florida on
Q: Can I obtain legal council pro bono I’m so not have a job or any money since being released from prison a year ago

I have a co defendant that is incarcerated for the charges of possession of cannabis greater than 20 grams

It is said that I have charges coming against me for sales of meth months prior

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2022

If you are charged with a crime and cannot afford a private attorney, the Court will likely appoint an attorney to represent you at no cost to you. If you are seeking advice about your situation though not yet charged with anything, call criminal defense attorneys in your area, and you will... Read more »

2 Answers | Asked in Contracts, Employment Law and Cannabis & Marijuana Law for California on
Q: Asked to sign a lease on a car to be a courier by my employer said he would make the payments and pay 125 on insurance

Received lease and it makes me responsible for the monthly payments and insurance and a monthly maintenance fee of .10 a mile. And asked me to pay 250.deposit and 99.00 transfer fee due at signing and he would pay registration but bill me at the end of the year no where does it say he will make the... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2022

Your employer has the legal duty to pay for any expenses you incur on behalf of your employer. However, the procedure used by your employer is very sketchy and could leave you exposed to lease payments, and other expenses associated with ownership of the vehicle, after your employment ends. As... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law and Child Custody for Arizona on
Q: Will my children be taken away if I use marijuana while pregnant?

Dcs got involved after I tested positive for thc with my first pregnancy but Arizona has since legalized marijuana. Additionally, I suffer from chronic pain due to nerve damage and can’t take my other medications while pregnant.

Stephen M Vincent
Stephen M Vincent
answered on Mar 14, 2022

Yes, absolutely they will take away your children if you smoke marijuana while pregnant. It's not an issue of whether it's legal--the issue is that it's dangerous for the child.

Use of marijuana while pregnant can cause a variety of problems, including restrict your...
Read more »

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: I was false accused of having Tabacco in the state of texas

So this guy I was near was vaping in school and he moved his hand near my and I moved his away and my school principal thought I was passing him a vape and they are sending both of us to court

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

Retain a lawyer to assist you, Your friend could also tell the truth and help you out . If it is on video your pricipal shoud replay it on slow and pause it,

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