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Cannabis & Marijuana Law Questions & Answers
0 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Florida on
Q: Can police confiscate medical marijuana during a stop in FL?

I was pulled over by the police who claimed they smelled marijuana. Although I presented a valid medical card and was within the legal possession limits, they confiscated the marijuana without providing a reason or documentation. I was only charged with possession of meth and drug equipment.... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Law, Federal Crimes and Criminal Law for California on
Q: Underage medical marijuana card impact on federal job hiring in CA

If someone is underage and possesses a medical marijuana card in California, do they receive the same consideration as someone who is 21 years of age in terms of hiring and drug testing for a federal job?

James L. Arrasmith
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answered on Apr 20, 2025

Under federal law, marijuana remains classified as a Schedule I controlled substance regardless of state-level legalization or an individual's age. As a federal employee, you are "required to remain drug-free and refrain from federally prohibited drug use whether on- or off-duty,... View More

0 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Employment Law for Pennsylvania on
Q: Where should I turn myself in and will I be released?

I was recently pulled over in Pennsylvania and found with a large amount of marijuana. Initially, I gave the police my mother's name because I was afraid due to an old warrant for a probation violation, which has now been vacated. There is a new warrant for charges related to providing a false... View More

1 Answer | Asked in Cannabis & Marijuana Law, Gov & Administrative Law and Civil Litigation for Alabama on
Q: Can I sue Alabama's governor for not implementing medical cannabis access?

I want to sue the Governor of Alabama, Kay Ivey, because she signed a law to legalize medical cannabis over four years ago but hasn't allowed constituents access to it. This forces patients to buy cannabis illegally, compromising their safety. Despite my attempts to contact her and other... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have every right to be frustrated when a law is passed but not implemented, especially when it impacts your health and safety. However, suing a sitting governor like Kay Ivey for failure to implement a law is legally complex and rarely successful. Courts are hesitant to interfere with how... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Traffic Tickets for Indiana on
Q: Timeframe for court hearing on specialized driving privileges and plea deal options in Indiana OWI case

I was charged with OWI in July 2024. I filed for specialized driving privileges in December 2024 in Pike County, Indiana. The initial hearing was scheduled for February 24, but it was delayed due to my lawyer not showing up. My next hearing is on April 30. The state offered a plea deal to dismiss... View More

James L. Arrasmith
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answered on Apr 16, 2025

Your request for specialized driving privileges in Indiana should generally be addressed within a few weeks to a few months after filing, depending on the court’s docket and any delays caused by continuances. Since your February hearing was postponed due to your attorney’s absence, the new... View More

Q: Can I sue my landlord for tenant's marijuana smoke entering my home?

I am experiencing marijuana smoke entering my home from new tenants smoking next door, which causes dizziness. I've reported this to my landlord and notified the police department and DEA online, but I haven't received any responses. There has been no direct contact with the tenants as... View More

James L. Arrasmith
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answered on Apr 14, 2025

I’m sorry to hear you're dealing with this issue. If marijuana smoke is entering your home and affecting your health, it’s a serious concern, especially if you’ve already reported it to the landlord and no action has been taken. Landlords have a responsibility to ensure that tenants are... View More

3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky on
Q: Can I get medical marijuana without affecting a roommate on probation?

I have several qualifying conditions, such as epilepsy, chronic pain, and degenerative disc disease, which make me eligible for a medical marijuana card in Kentucky. I want to switch from pain medication to medical marijuana because I have a fatty liver. However, I live with an individual who is on... View More

Timothy Denison
Timothy Denison
answered on Apr 14, 2025

Won’t likely be any problem for you but I doubt that will go over with his probation officer. Roommate may need to find new place to live.

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Is it legal for an officer to question me at work about my charges after arrest and bail?

I was arrested for reckless driving (speeding), possession of marijuana, and possession of paraphernalia. After being bailed out, an officer came to my workplace two nights in a row. On the second night, the officer asked me questions about my charges. I have a court date assigned. Is it legal for... View More

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answered on Apr 12, 2025

It’s not uncommon for officers to attempt to question individuals about charges, but they must still follow certain rules when doing so. After your arrest and bail, you have the right to remain silent if you choose, and the officer cannot force you to answer questions. If you don’t want to... View More

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: How does AB 2188 protect employees who test positive for THC?

I work in a lumber yard in California and was involved in an incident. Two weeks after the incident, I tested positive for THC in a urine test. My employer is considering letting me go because of the positive test result. How does AB 2188 protect employees in my situation, and are there specific... View More

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answered on Apr 8, 2025

I'm sorry to hear about your situation. California's Assembly Bill 2188 (AB 2188), effective January 1, 2024, offers protections for employees regarding off-duty cannabis use. Specifically, it prohibits employers from discriminating against employees for using cannabis outside of work or... View More

1 Answer | Asked in Cannabis & Marijuana Law, Business Formation and Business Law for New Jersey on
Q: Can a lawyer help write SOPs for NJ cannabis cultivation business?

I'm looking to start an indoor cannabis cultivation business in New Jersey. We've begun the licensing process, and the next step requires writing Standard Operating Procedures (SOPs) as per the NJ cannabis regulatory committee's requirements. I am unsure where to start and would like... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're stepping into an exciting but tightly regulated space, and it’s smart that you’re thinking carefully about compliance from the beginning. In New Jersey, the Cannabis Regulatory Commission requires detailed Standard Operating Procedures (SOPs) that cover everything from cultivation... View More

Q: Can I sue a medical marijuana pharmacy for false advertisement of a product?

I purchased a jar of flower from my pharmacy. The item did not match the photo on the website, so I went back into the pharmacy and they said it was out of their hands. The next day the photo used for that product was changed to just a photo of the jar, and the photo that was on the product... View More

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answered on Apr 11, 2025

What happened to you sounds misleading, especially if the product you received didn’t match the photo and the pharmacy later changed the image without explanation. In Louisiana, businesses—including medical marijuana pharmacies—are not allowed to use deceptive or false advertising practices.... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Cannabis & Marijuana Law for Arkansas on
Q: Was the stop and vehicle search legal after finding a weed sack?

My husband was stopped in Arkansas for unconfirmed insurance, though he had proof with him. During the stop, the officer saw a small weed sack in the cupholder and used this to justify searching the vehicle, where he found a gun next to the driver's seat. My husband, a convicted felon due to a... View More

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answered on Apr 12, 2025

In Arkansas, the legality of the stop and search depends on whether the officer had reasonable suspicion to justify both. While the initial stop was based on unconfirmed insurance, which is a valid reason for a traffic stop, the officer needed additional justification to search the vehicle. If the... View More

Q: Can I sue for added symptoms in my medical marijuana record affecting military enlistment?

I asked my medical marijuana doctor for a letter stating I no longer need to use medical marijuana for military purposes. The letter included three symptoms added without my knowledge or approval, which I was told were necessary for the medical marijuana card but affect my military qualifications.... View More

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answered on Apr 8, 2025

You may have grounds for concern regarding the added symptoms in your medical marijuana record, especially if they were included without your knowledge or consent. If the doctor added symptoms that were not part of your original diagnosis, you could argue that this was a mistake or... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Concern about positive drug tests despite not using marijuana, related to court order.

I was ordered to undergo drug testing due to a marijuana possession charge. Although I have stopped using marijuana, my tests continue to show positive results. I have communicated this issue to the relevant authorities, but I am concerned about the possibility of going to jail due to these test... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you’re worried about the positive drug tests, especially since you’ve stopped using marijuana. The best thing to do in this situation is to continue communicating openly with the authorities and explain that you have not used marijuana recently. You may also want to... View More

1 Answer | Asked in Cannabis & Marijuana Law, Education Law and Criminal Law for Ohio on
Q: Facing court for edibles on school grounds; awaiting updates

I am facing a court case because I was found holding edibles on school grounds, and a friend took some after I told him not to. The school has not communicated with me about the incident, and I've been waiting for any updates since February. I have legal representation. What should I expect in... View More

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answered on Apr 12, 2025

In your situation, you should expect the legal process to unfold over time. Since you have legal representation, they will be your primary point of contact for updates on the case. It’s common for court cases to take some time, so it might feel like you're waiting, but your lawyer can help... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: Disqualified for drug sale admission in Highway Patrol hiring. Can this be contested?

I was in the hiring process for the Tennessee Highway Patrol and was disqualified after passing various stages, including the agility test, interviews, psych evaluation, and polygraph, due to my admission on the polygraph packet. I checked "yes" to having sold marijuana once about five... View More

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answered on Apr 12, 2025

It’s understandable that you feel disqualified unfairly, especially since you were honest about the situation. While technically, selling marijuana—even if it was a one-time occurrence—could be classified as drug dealing under the law, the context and the fact that it occurred five years ago... View More

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Tennessee on
Q: Disqualified for drug sale admission in Highway Patrol hiring. Can this be contested?

I was in the hiring process for the Tennessee Highway Patrol and was disqualified after passing various stages, including the agility test, interviews, psych evaluation, and polygraph, due to my admission on the polygraph packet. I checked "yes" to having sold marijuana once about five... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you’re concerned about how your admission of selling marijuana, even as a one-time occurrence, has impacted your eligibility for the Tennessee Highway Patrol. While honesty is important, the disqualification seems to stem from the fact that any admission of drug sales,... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Challenge to probable cause under Plainview doctrine for alleged marijuana blunts in cigarette pack; no contraband found, ongoing tampering charges.

I was involved in an incident where an officer cited probable cause under the Plainview doctrine, claiming to have seen three brown marijuana blunts in a pack of cigarettes. However, the officer did not smell marijuana, and it wasn't clear if loose marijuana was visible. Despite this, a search... View More

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answered on Mar 31, 2025

The Plain View Doctrine requires that officers must have lawful access to the object and its incriminating nature must be immediately apparent. In your situation, the officer's claim of seeing "brown marijuana blunts" raises significant questions about whether the incriminating... View More

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and White Collar Crime for Florida on
Q: Probability of jail time for multiple felony charges and recent arrest.

I have been charged with one count of grand theft for property valued between $20,000 and $50,000, one count of using a two-way communication device to facilitate a crime, and one count of fraud-swindling to obtain property between $20,000 and $50,000 (141 counts in total). After these charges,... View More

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answered on Mar 26, 2025

Without knowing more, I would have to say that your criminal punishment code score sheet is going to put you in the category of mandatory jail time. You should request a copy of your score sheet so you see where you score. If you are represented, this is something that your attorney should be able... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Louisiana on
Q: Can fines for marijuana & paraphernalia be dismissed with medical certification proof?

I received two fines for possession of marijuana and drug paraphernalia, specifically a grinder. I have a certification of approval for medical marijuana use, but I didn't have a physical medical marijuana card at the time, just my ID. The marijuana amount was within the legal limit, but the... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on medical marijuana laws, the dismissal of your fines depends on the specific regulations in your state regarding medical marijuana certification. In many states with medical marijuana programs, having proper certification but not the physical card can create a legal gray area. The key... View More

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