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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Tax Law and Business Law for Maryland on
Q: What regulations are involved with Cannabis Accessory e-commerce in the state of Maryland?

I am looking into creating an E-commerce site that sells Cannabis Accessories (Grinders, Pipes, Etc). I have no intention on selling any CBD products.

James L. Arrasmith
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answered on Jan 28, 2024

Here are the key regulations around selling cannabis accessories online in Maryland:

1. Legal to sell cannabis accessories - Maryland has legalized cannabis accessories, so products like grinders, rolling papers, pipes, bongs, etc are legal to sell to adults over 21.

2. No sale of...
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1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: Can someone the age of 21 still qualify to use youthful offender?

In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?

James L. Arrasmith
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answered on Jan 28, 2024

In Chattooga County, as in other parts of Georgia, the availability of the Youthful Offender status typically depends on the age of the individual at the time of the offense and the nature of the charges. The Youthful Offender status is generally reserved for those who commit certain crimes while... View More

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Hawaii on
Q: Can they actually prosecute you for promoting a harmful or detrimental drug, if you have a vape with THC-p product?

There are many different types of vapes that contain THC-p, And is legally sold at regular vape or smoke shops.

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answered on Jan 26, 2024

Based on Hawaii's current laws regarding cannabis and THC, it is unlikely that you could be prosecuted just for personally possessing or using a vape containing THC derivatives like THC-P. Some key points:

- Hawaii legalized the personal use and possession of cannabis in small amounts...
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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Hawaii on
Q: Can they actually prosecute you for promoting a harmful or detrimental drug, if you have a vape with THC-p product?

There are many different types of vapes that contain THC-p, And is legally sold at regular vape or smoke shops.

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answered on Jan 26, 2024

In Hawaii, the question arises about the potential prosecution for promoting a harmful or detrimental drug when possessing a vape with THC-p (delta-8 THC), a product legally sold in regular vape or smoke shops. The issue centers on the legality and classification of THC-p, a specific form of THC... View More

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1 Answer | Asked in Business Law, Cannabis & Marijuana Law and Internet Law for Washington on
Q: Can a WA dispensary legally make commissions off of third-party food products sold not on the premise?

For example, a dispensary has a QR code that affiliate links to a website that sells candy. The candy site pays them commissions for each sale that comes through because of the dispensary. I understand that WA state dispensaries cannot directly sell non-THC products (hats, candy, etc.).

James L. Arrasmith
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answered on Jan 23, 2024

In Washington State, cannabis dispensaries are subject to strict regulations regarding what they can and cannot sell or promote. While dispensaries are prohibited from selling non-THC products like regular food items or merchandise directly, the scenario you're describing involves an affiliate... View More

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody and Family Law for California on
Q: Can I gain full custody of a child if the other parent has marijuana in the household?

I am a father with a child in the care of his mother in another county. The mother is suspected of drug abuse and grandmother habitually uses marijuana and leaves paraphernalia within child’s reach. Also prior criminal history of drugs, distribution of prescription narcotics, and domestic... View More

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answered on Jan 18, 2024

In California, the presence of marijuana in the household is not automatically grounds for changing custody. However, the court’s primary concern in custody cases is the child’s best interest, which includes ensuring a safe and healthy environment. If you suspect drug abuse or that the child is... View More

1 Answer | Asked in Cannabis & Marijuana Law, Education Law and Employment Law for California on
Q: I just accepted a job that is located in California with a charter school what happens if I test positive for weed?
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answered on Jan 18, 2024

In 2024, California has new legislation providing increased protections for employees' off-duty marijuana use. As of January 1st, 2024, California law prohibits employers from discriminating against employees for marijuana use that occurs away from the job and workplace.... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: I was convicted of Marijuana possession over 4ounces 50 years ago in Dallas County, Texas. Can I legally buy a firearm?
John Cucci Jr.
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answered on Jan 13, 2024

There are three ways you can be qualified to buy a Firearm in TX, as a prior convicted felon..

1. Get a pardon from the governor;

2. Receive permission from the local Sheriff to buy and possess a FA; or

3. Have your conviction expunged by District Court Order. This last one...
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1 Answer | Asked in Civil Rights and Cannabis & Marijuana Law for Massachusetts on
Q: Can the police hold phone as evidence even after all charges were dismissed?

Recently arrested for distribution of class c and d drugs (cannabis concentrate, cannabis flower). Lead investigator took phone as evidence. Charges were dropped the next day as it was first offense. Now all belongings were returned except for phone. Lead detective says they can’t give phone back... View More

James L. Arrasmith
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answered on Jan 10, 2024

In the United States, law enforcement can retain personal property, including a phone, as evidence even if charges are dismissed. This is often due to ongoing investigations where your phone might contain relevant information. However, this retention must be reasonable and justified.

If you...
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1 Answer | Asked in Cannabis & Marijuana Law for Pennsylvania on
Q: Can a cop give u a breathalyzer bc he smells weed after he has pulled u over

Yet never really tell you he smelled weed, and I have medical marijuana card

T. Augustus Claus
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answered on Jan 3, 2024

In Pennsylvania, having a medical marijuana card does not exempt individuals from certain restrictions related to marijuana use, especially when operating a vehicle. If a police officer smells weed during a traffic stop, they may have probable cause to conduct further investigations, including a... View More

1 Answer | Asked in Cannabis & Marijuana Law for Washington on
Q: So in Washington State, Spokane, Marijuana is legal, can cops still arrest you for having it? Even if your not driving?

Can Law Enforcement Officers arrest you for possession of Marijuana in a legalized state in a vehicle? Also implies if it's legally bought from a store or not.

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answered on Jan 2, 2024

In Washington State, where marijuana is legal for recreational use, law enforcement officers generally cannot arrest individuals solely for the possession of marijuana within the legal limits. However, there are still regulations and restrictions in place. Possession limits, typically one ounce of... View More

1 Answer | Asked in Cannabis & Marijuana Law and Constitutional Law for Kansas on
Q: I have a medical marijuana card. I'm in the worst district with the worse judge. I have a good recommendation from my PO

But I've been sick and only had four business days to find an attorney. Any advice? The violation is for marijuana

James L. Arrasmith
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answered on Dec 17, 2023

If you're facing legal issues related to marijuana despite having a medical marijuana card, it's important to seek legal representation as soon as possible. Given that you've had limited time to find an attorney due to illness, you might want to request a continuance from the court.... View More

2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

You could try to arrange a free initial consult with an employment law attorney. If your cruise ship was not U.S.-flagged, that would be meaningful to an attorney. Since most cruise ships are registered offshore, it could help if you have a copy of your employment agreement - that might contain... View More

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2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements.

If you were not notified of the positive test result until five months...
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Q: Who protects the patients right in a a pain clinic riddled with assumptions, their drug screen had a false positive.

It's time to stand up for myself its wildly unfair, Dr was so abrupt and would not discuss anything despite having been compliant and twice now false positive. Other meds I take as well as red bull apparently can cause false positives. She discharged me abruptly w/o any discussion. I am paying... View More

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answered on Nov 22, 2023

In California, patients at pain clinics have rights that need to be respected, especially in situations involving drug screening and treatment decisions. If you've encountered a situation where a false positive on a drug test led to abrupt discharge from care, there are steps you can take.... View More

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for California on
Q: My landlord came in my home stating she smelled marijuana. She did this after I made a complaint about her. Help!

I don’t smoke and this is false I believe it’s retaliation to try and evict me. Can you help me. How can I prove she’s wrong

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answered on Nov 20, 2023

In California, your landlord must provide reasonable notice, typically 24 hours, before entering your home, except in emergencies. If your landlord entered without proper notice, this could be a violation of your rights as a tenant.

Regarding the accusation of marijuana use, if you believe...
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1 Answer | Asked in Family Law and Cannabis & Marijuana Law for Ohio on
Q: Now that weed is legal in ohio can cps test for it
Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

Under current state regulations they can. While the technical effective date of the voter initiated statute, is December 7, 2023, Ohio's General Assembly and the Department of Commerce and the Department of Development have yet to flesh out the new regulatory structure for the actual sale... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but....

My Po says I can't? Does he have the right to deny me that right?

Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2023

I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Missouri on
Q: I got arrested for marijuana possession and missed my trial date... what do I do now?

I've tried calling the court and a public defender and they were no help, I got arrested in Jefferson County Missouri, who should I go to to help me through the legal process of getting this taken care of.

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answered on Nov 7, 2023

Missing your court date is a serious matter and can have significant legal consequences. You should immediately contact an attorney to help you resolve this issue.

An attorney can help you understand your options and protect your rights. They can also help you reschedule your trial date and...
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2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Arizona on
Q: I want to get a Medical Marijuana card will that effect the standing of my F1 Visa as it is federally illegal?

I heard I could potentially risk deportation as a result of obtaining one

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answered on Nov 7, 2023

Yes, there is a risk of deportation if you obtain a medical marijuana card while on an F-1 visa. This is because marijuana is still classified as a Schedule I drug under federal law and possession or use of a Schedule I drug is a federal crime. As an F-1 visa holder, you are subject to federal law,... View More

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