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Pennsylvania Cannabis & Marijuana Law Questions & Answers
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 and Employment Law for Pennsylvania on
Q: My son was put off the job today for medical mj use. He has a card. Can you help? Steamfitter Union. confidential plz

He has been being harassed by his foreman. Accused him of putting vodka in his water bottle. Told other foremen he is using pills. He is not. Only medical mj.

T. Augustus Claus
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answered on Jul 26, 2023

First and foremost, your son's medical marijuana use should be protected under Pennsylvania's medical marijuana law. Employers are generally prohibited from discriminating against employees solely based on their status as a certified medical marijuana patient.

Now, when it comes...
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1 Answer | Asked in Employment Law, Personal Injury and Cannabis & Marijuana Law for Pennsylvania on
Q: Discrimination at work against Asian , pesticide exposure at work
Tim Akpinar
Tim Akpinar
answered on Jul 2, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. In the brief post, it isn't clear if the pesticide exposure and discrimination are related or separate issues. You could reach out to attorneys to try to set up a free initial consult. I can't speak for... View More

1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Criminal Law for Pennsylvania on
Q: Can you be arrested for marijuana DUI while not intoxicated?

My fiancé was arrested for his friend leaving a marijuana roach in his car. He has his medical marijuana license and wasn't aware his friend did that. The cops pulled him over for having a tail light out. The cop noticed the roach right away and told him he was impaired. Had him do a sobriety... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

The wait is for the blood work. He should request his license. There is no automatic suspension in Pennsylvania. They would have to show that the THC in his blood was sufficient for him to be intoxicated. If they press the charges he should have an attorney. By the way he shouldn't drive with... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I was pulled over in PA with marijuana and paraphernalia. What charges am I facing?

I was pulled over for registration being expired, the cop said he smelled weed and then searched my car after telling me if I don’t consent he would make me wait for a drug unit dog to come in. He found 8grams of weed, .5 grams of wax and some paraphernalia. ( I have me medical card for... View More

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

Likely possession of both marijuana and paraphernalia. Depending on other circumstances, you could be facing additional charges. I suggest retaining an attorney to assist you and ensure any potential pentolites are kept at a minimum.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Pennsylvania on
Q: Could I get a medical marijuana card for myself in Pennsylvania, if my husband has guns in our home?

I have no guns registered in my name.

Peter N. Munsing
Peter N. Munsing
answered on Jun 4, 2021

There would be nothing to prohibit that.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: I have questions about theft and drug cases I'm facing right now

would like to upload documents

Ellis B. Klein
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Ellis B. Klein
answered on Aug 20, 2020

The best thing to do is call experienced criminal defense attorneys and get a consultation. Most lawyers, including myself, give free consults over the phone, so start calling around! Good luck

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: I allowed Law Enforcement to forward 1 email from my phone to himself. Can the emails be used against me in court?

Even though I only allowed one email to be forwarded, when he took my phone to put his email in he forwarded himself the whole conversation without my permission and without a warrent. Will that hold up in court. My worry is they will say I allowed all emails to be sent which is not true because... View More

Ellis B. Klein
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Ellis B. Klein
answered on Aug 8, 2020

Yes. Anything can be used against you. Do not speak with police without speaking with a lawyer.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: If law enforcement only has proof of purchase of drugs through messages can you be found guilty from that alone?

Law enforcement has never had proof of physical drugs but they have messages that I bought them. Will that alone in court be able to convict me of possession? Messages were only to buy never sell or intent to sell.

Ellis B. Klein
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Ellis B. Klein
answered on Aug 8, 2020

It depends what you are charged with. If you are charged with possession, possibly no. Of you are charged with attempt or conspiracy, then maybe. Talk to an experienced criminal defense attorney who can examine your case to see of there is a defense. Good luck!

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Pennsylvania on
Q: Co op community daughter was pulled over gota dui and small amount of pot.shes not on my lease but lives here can i be

1st time offender no priors . Like I said she's not on our lease but she does live here but she does also have that other address somewhere else she just stays with us mom and dad thank you i guess im asking if i can be evicted?

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

I doubt it -- but I suppose you should look to the terms of your lease (instead of the DUI laws).

Best of luck to you, and her. If your daughter needs some assistance with her DUI case -- and there are legal traps for the unwary! -- feel free to have her contact me offsite.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: Can a marijuana DUI stack on previous alcohol DUI'S in PA?
Cary B. Hall
Cary B. Hall
answered on Feb 10, 2020

Yes.

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