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Cannabis & Marijuana Law Questions & Answers
0 Answers | Asked in Family Law, Cannabis & Marijuana Law, Civil Litigation and Juvenile Law for Illinois on
Q: Illinois, how can a parent protect themselves and their assets from liability of out-of-control teen w/ substance abuse

Teen with substance abuse disorder. In and out of rehab. IF caught using, selling, distribution, party or by association, surrounding substances, How can a parent NOT be held liable for the teen actions if they tried everything else? If parents had no knowledge of such activity and if they did have... View More

0 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Education Law for Pennsylvania on
Q: If I entered a plea deal with deferred prosecution and my charges were then dismissed, was I convicted or found guilty?

In 2020 I was charged with possession and ingestion of marijuana in South Dakota. I entered a plea deal with deferred prosecution, my charges were dismissed with prejudice. I was required to take a drug education class and get no violations for a year after. I took the class and have had no... View More

0 Answers | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: Am I required to have a surety bond for my cannabis grow in Oklahoma?

My husband and I have a licensed grow in OKC. Recently OMMA rejected my renewal because of the surety bond. The rules state that the "Licensee" must have owned the property where they grow for at least five years prior to application. That is the only way not to need a surety bond. We... View More

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Adoption for Ohio on
Q: Will having a medical card put you at risk of losing your kids to the non-custodial parent if he wanted to use that?

If my ex wanted to use my medical card in Ohio against me, could he despite not having parental rights and my husband having adopted my children?

Nicholas P. Weiss
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answered on Apr 2, 2024

He is not the non-custodial parent if your spouse adopted the kids. He is not a parent at all. It would be basically impossible for him to obtain parental rights by attempting to utilize your use of medical marijuana in a custody dispute.

0 Answers | Asked in Cannabis & Marijuana Law for South Carolina on
Q: If an online store is selling medicinal psychedelics through the mail with a medical card, is it legal for purchasing?

This is coming from Oregon where it is legal but they ship to all 50 states with no worries. I live in South Carolina.

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
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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

0 Answers | Asked in Cannabis & Marijuana Law for Nevada on
Q: I gave my father over the counter Cbd for sleeand he was fired for failed drug test for marjuina

Yes my father has worked for the same company for 40 years and is eligible for retirement in October. He has had trouble sleeping lately and I was told about CBD gummed that is to help with sleeping and I know how company tests regularly so I made sure to find a product that was within the state... View More

1 Answer | Asked in Tax Law, Real Estate Law and Cannabis & Marijuana Law for Florida on
Q: I'm a GM working for a dispensary. I pay federal taxes out of my check but I can't get an FHA mortgage. Is this illegal?

I also get a W2. I work for a reputable dispensary operating over 40 stores in Florida. I understand it's not legal on the federal level but why am I paying federal taxes if they don't recognize cannabis income?

The easy fix would be to have it rescheduled to a schedule III... View More

James L. Arrasmith
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answered on Mar 25, 2024

Your situation reflects a complex intersection of state and federal laws. While cannabis may be legal in certain states, including Florida, it remains illegal under federal law. This legal discrepancy leads to your current dilemma: despite receiving a W-2 and paying federal taxes, your income from... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Legal Malpractice for Kansas on
Q: It's been 153 days and still no preliminary hearing for a felony traffic stop in Kansas. What can be done about it?
James L. Arrasmith
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answered on Mar 22, 2024

If you're facing delays in your preliminary hearing for a felony traffic stop in Kansas, it's important to understand your rights and options. Legal processes can experience delays due to various reasons, including court backlog, legal complexities, or issues related to evidence... View More

2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 19, 2024

From your description, it sounds like DCPP (the Department of Child Protection and Permanency, New Jersey's child protective services branch) is conducting an initial investigation into allegations of possible abuse or neglect. If this is an initial investigation, you are not necessarily... View More

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1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: Is it considered unlawful discrimination to refuse to offer employment based on the smell of marijuana on a prospect?
James L. Arrasmith
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answered on Mar 26, 2024

Refusing to offer employment based on the smell of marijuana on a candidate can be complex legally and varies by location and industry. In states where marijuana is legal for medical or recreational use, the situation is particularly nuanced. Employers still have rights to maintain a drug-free... View More

1 Answer | Asked in Cannabis & Marijuana Law, Products Liability and Civil Litigation for Missouri on
Q: I need to sue a company that sold me CBD for pain that turned out to have THC in it which will have extreme consequences

I failed a preemployment drug test with the largest employer of healthcare providers in the state of Missouri because I was using CBD. I will lose my job, but much much worse I could lose my license to practice healthcare in the state of Missouri.

James L. Arrasmith
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answered on Mar 26, 2024

In facing this challenging situation, it's essential to first collect all pertinent information, including any product descriptions, purchase records, and communications with the company. Documentation of the CBD product's advertised THC content, along with the results from your drug... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Car Accidents for South Dakota on
Q: What happens if I didn't waive my right to a speedy trial and its been over 90 days?

Does case become dismissed?

James L. Arrasmith
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answered on Mar 26, 2024

If you haven't waived your right to a speedy trial and it has been over 90 days, the situation may vary based on the laws in your jurisdiction and the specific circumstances of your case. Generally, the right to a speedy trial is protected by law to prevent undue and lengthy pretrial... 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
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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

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1 Answer | Asked in Cannabis & Marijuana Law and Gov & Administrative Law for Oklahoma on
Q: Can you be a lawyer and still have a medical card as long as you don't use on the job?
James L. Arrasmith
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answered on Mar 26, 2024

You can be a lawyer and possess a medical card for cannabis use, as long as you comply with the laws and regulations of the jurisdiction where you practice law. The critical factor is to ensure that your use of medical cannabis does not impair your ability to perform your duties as a lawyer. Each... View More

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: i live in Oklahoma City an hold an OMMA weed card. can uhg recind a job offer because of?

its a remote job for telephone work

James L. Arrasmith
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answered on Mar 26, 2024

In Oklahoma, the legal landscape surrounding medical marijuana and employment can be complex. If you hold a valid Oklahoma Medical Marijuana Authority (OMMA) card, you're protected under state law against discrimination for solely being a cardholder. However, employers still have the right to... View More

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Virginia on
Q: Who gets the charges, the owner of the business or the manager for selling Cannabis in Virginia?

In a smoke shop business in Virginia, Who gets the charge or be taken to court for selling cannabis, the business owner the manager?

James L. Arrasmith
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answered on Mar 26, 2024

In Virginia, both the sale and possession with the intent to distribute marijuana carry legal consequences, which can impact both business owners and managers depending on their involvement. The law does not differentiate based on position within a company; rather, it looks at the individual's... View More

1 Answer | Asked in Cannabis & Marijuana Law on
Q: Hi I was caught driving unlicensed with THC in my system…I am now waiting for court summon and what are the consequences

It’s my first time being caught

James L. Arrasmith
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answered on Mar 26, 2024

Facing charges for driving without a license and with THC in your system can be a stressful situation, especially if this is your first offense. The consequences you might face can vary significantly based on the jurisdiction, the severity of the incident, and other factors such as the presence of... View More

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