Ask a Question

Get free answers to your Cannabis & Marijuana Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Cannabis & Marijuana Law Questions & Answers
0 Answers | Asked in Cannabis & Marijuana Law for California on
Q: charges are hs 11358c cultivating .6 cannibus plants hs 11359b possesion of marijuana for sale need consult

was served a search warrent and they cut all my medical plants down

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: I was asked to resign after admitting to self medicating with pot in California

I was basically pushed to admit I self medicate with marijuana because i am off my meds after being accused of being on drugs whle having a mental illness. I was asked to resign after I was TOLD I wasnt going to pass the drug test. I didn't even perform a drug test and was asked to resign... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

It sounds like you’ve been put in a tough spot. In California, while recreational marijuana use is legal, employers are still allowed to maintain drug-free workplace policies. This means they can require drug testing and may take action, even if you use marijuana legally outside of work hours.... View More

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: What's the process for getting 2 enhancement/strike remove from a current non violence offender case. Thank you

The offender filed a Habeas Corpus June, 2024. However it was sent to the wrong department.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

To begin the process of removing two enhancements or strikes from your non-violent offender case in Riverside, start by reviewing your current case documents carefully. It's important to understand the specific charges and the basis for each enhancement or strike. Since the Habeas Corpus was... View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: I work at in n out and we had a comps event where I was caught with possession of marijuana not trying to enter the even

But at the parking lot. I have a medical card I didn’t inhale anything it just fell to the ground and the guy caught me and now I’m fired is this ok?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024

Under California law, employers have the right to maintain a drug-free workplace and can enforce policies prohibiting the use of marijuana, even if you have a medical card. Despite California's legalization of marijuana, both for medical and recreational use, employers can still terminate... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: AB 2188 says employers can no longer test employees for non psychoactive chemicals found in marijuana.

My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:

1. AB 2188 Overview:

AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and...
View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: Can a municipal water company test for THC in California for pre employment?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2024

To answer this question accurately, we need to consider a few key points about cannabis law and employment practices in California:

1. Cannabis legality: Recreational cannabis use is legal in California for adults 21 and over.

2. Employment law: Despite legalization, employers in...
View More

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: In Carmichael, California, it is illegal to grow weed outdoors, is a greenhouse considered indoors or outdoors

Temporary structure.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

In Carmichael, California, the legal status of growing cannabis in a greenhouse would likely depend on the specific design and characteristics of the greenhouse structure. Here are a few key considerations:

1. Permanent vs. temporary structure: If the greenhouse is a permanent, fixed...
View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Landlord - Tenant for California on
Q: We are a couple we lived with landlord . We let a sick friend stay over in a spare room. He made wax without us knowing

The house blew up my girl wS burned I wasn't. We had no idea , he ran now DA 4 months later charge us , homeowner wrote letters that we didn't do it. We didn't. They want us to lose our home, jobs, everything and come to California now. Help please . It wasn't even our room... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

In California, facing charges related to an incident you were unaware of is a serious matter that demands immediate attention. The fact that the homeowner has provided letters stating your lack of involvement could be beneficial. It's crucial to gather any evidence that supports your claim of... View More

2 Answers | Asked in Cannabis & Marijuana Law, Domestic Violence and Landlord - Tenant for California on
Q: Are there any lawyers to handle loud Noise & Smoke complaints nuisances against my neighbors in my apartment complex?

Noise and smoke complaints nuisances against my neighbors in my apartment complex causing me emotional distress and the landlord is not on my side. The noise complaint is domestic violence and yelling too.

It would have to be over the phone to explain the situation better. I'm on a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2024

In California, tenants have the right to quiet enjoyment of their rented premises, which includes being free from excessive noise and second-hand smoke that can be considered nuisances. If your landlord fails to address these issues, it's advisable to document all instances of noise and smoke... View More

View More Answers

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?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Land Use & Zoning for California on
Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop

Property for having 325 plants had two permits for up to 99 plants they confesscated all plants

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2023

If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines.

The confiscation of all plants,...
View More

2 Answers | Asked in Cannabis & Marijuana Law, Car Accidents and Criminal Law for California on
Q: Son hit and run charge and under influence.

Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured not his vehicle though So I put a claims... View More

Leon Bayer
Leon Bayer
answered on Oct 18, 2023

I’m terribly sorry for what this must have done to you and your family.

I suspect that your insurance claim will be denied IF your son was a resident of your house.

If he did not live with you, you stand chance that your insurance will cover the property damage. However the...
View More

View More Answers

2 Answers | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: Can I get fired for marijuana use in California on my days off!

I got hurt on the job good night I got off I was no longer on the clock. I put a THC hemp oil on my back to help with the pain that you got drug tested the next day if I fail can I get fired?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2023

While recreational marijuana use is legal in California, employers still have the right to enforce workplace policies regarding drug use. If your employer has a policy against marijuana use, even on your days off, and if failing a drug test violates their policy, it could potentially lead to... View More

View More Answers

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: Will a previous medical marijuana card from California appear on a federal background check?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

A previous medical marijuana card from California is unlikely to appear on a federal background check. While medical marijuana is legal in some states, it remains illegal under federal law. Federal background checks typically focus on criminal history, employment, and other relevant records.... View More

2 Answers | Asked in Cannabis & Marijuana Law and Juvenile Law for California on
Q: Can my probation officer take my weed from my room if I’m a juvenile and weed has nothing to do with my probation condit
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2023

As a juvenile on probation, you are subject to certain conditions and restrictions as part of your probation. These conditions may include drug testing and restrictions on drug use, even if the drug in question is not related to the offense that led to your probation.

If your probation...
View More

View More Answers

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... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.