I am 18 years old and was gifted a phone by my aunt on my birthday when I was 16. My aunt is currently paying for the phone bill. Recently, I was caught smoking weed for my anxiety, and now there is a concern she might take the phone from me. Given that there were no written agreements regarding... View More

Charles M. Baron
answered on Mar 7, 2025

No, a gift is permanently a gift, but she of course can stop paying the bill.

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I am a city employee in Boca Raton covered by a collective bargaining agreement that prohibits marijuana use. However, I have a valid medical marijuana card for anxiety and PTSD. I haven't used it due to fear of disciplinary action, as our contract explicitly states no use of THC with no... View More

I was recently charged with possession of less than an ounce of marijuana in Nebraska. This is my first offense, and I believed I was purchasing Delta 8, which is legal in the state. The incident occurred in my car, and I was cooperative with law enforcement. I have not sought any legal... View More

Perry Andrew Pirsch
answered on Mar 6, 2025

If it is less than an ounce, it would be an infraction -- like a parking ticket -- and a fine. Under most circumstances, I would just pay it. (You could not even test the hemp to see the amount of Delta 9 in it for less than the fine.) If it is over an ounce, and certainly if it is over a pound... View More

I am the owner of an Airbnb property in Cincinnati, Ohio, where marijuana consumption is legal. I want to know if I need any special permits or certifications to legally allow marijuana consumption on the premises. Additionally, I am interested in understanding any insurance requirements that might... View More

I was driving in Walworth County when a passenger in my vehicle was found with marijuana, which he admitted was his. Although I wasn't charged with any firearm-related violations, law enforcement took my registered firearm. There should be body cam evidence supporting my innocence regarding... View More

I have a medical marijuana license and live in an apartment where I recently received a verbal complaint from the maintenance man about the smell of marijuana. Can I be evicted from my apartment for smoking marijuana under these circumstances?

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2025

Yes, for two reasons.

1) Under Ohio's medical marijuana law, the marijuana may not be smoked, so you would be using the medical marijuana in violation of statute.

2) Ohio's medical marijuana law makes explicit exemptions for employment and other discrimination actions.... View More

I am an Ohio resident with a medical marijuana card, employed in Cabell County, West Virginia. My employer conducts random drug tests and their handbook states termination for controlled substances but does not specify anything about medical marijuana. I have not failed a test nor have I been... View More

I am currently out on bond for a DUI in Michigan and have recently obtained a medical marijuana card due to a health condition. There are specific conditions in my bond that require abstaining from substances, but I have informed my legal representative and the court about this change. Will having... View More

I would like to know if I can legally order a THC vape pen for personal use and have it shipped to Georgia. I am concerned about possible legal consequences, even though I have successfully ordered similar products before without issues. Recently, I came across information that raised my concerns... View More

Is it legal to possess hemp-derived THC for personal use in Iowa if it is packaged at more than 4mg per serving? If I legally purchased a package of gummies in Illinois with 30 servings, each containing 10mg of hemp-derived delta-9 THC at less than .3% concentration, is it legal to possess it in... View More

I was arrested for a DV (Felony D) offense 5-6 years ago in Kentucky, but all charges were dropped and dismissed by the judge. I have qualifying health issues and have applied for a Medical Marijuana Card. However, I'm unable to access the application status portal as it says "access... View More

Timothy Denison
answered on Feb 27, 2025

It should not affect it but you might want to consider having those prior dismissed charges expunged.

I have two prior cocaine dealing convictions, one from 2003 and one from 2018, both in the same state. If I'm hypothetically charged with dealing cannabis for having over an ounce, can this result in a habitual offender charge?

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Andrew L. Bennett
answered on Feb 26, 2025

If you have 2 prior felony convictions where you were arrested then convicted and then arrested again and then convicted and now have a 3rd felony charge, the prosecutor can potentially file a habitual felon enhancement.

I was terminated from my job in California for allegedly smelling like marijuana. There was no prior warning or explicit policy explained regarding marijuana use at my workplace. The decision to terminate me was based solely on smell, with no drug test conducted. No other employees were involved,... View More

Neil Pedersen
answered on Feb 25, 2025

An employer can terminate an employee for doing something the employer does not like or approve of, even if the employer had never told you what was prohibited. Although you cannot now be fired for using marijuana off the clock, smelling like marijuana is not so protected. Unless there is more... View More

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I am being accused of offering marijuana to a minor in Mississippi. The event occurred on December 8, 2022, and a claim was filed on November 22, 2024. There are no witnesses, but there are text messages related to the case. I would like to know the statute of limitations for this accusation and if... View More

I need clarification on a workplace drug policy at my company in Illinois. The policy, which aims for a drug and alcohol-free workplace, prohibits being under the influence of illegal drugs, including marijuana, while on duty or on Company property. I'm confused about whether this policy also... View More

I have a Georgia Department of Health low-dose THC card due to overwhelming pain, and I am a construction electrician. THC is included in every drug test at my workplace. Shouldn't the low-dose THC card be considered a prescription, allowing me to work despite the company's no... View More

I recently received a citation in Helen, GA, for first-time possession of marijuana under an ounce. The police said it was a city ordinance that wouldn't affect my record, but my court sentencing document lists it as a misdemeanor. In addition to a fine, I am now required to complete either 24... View More

I live in Ohio, where marijuana was recently legalized for recreational use. I often carry a firearm since Ohio is an open carry state where a concealed carry permit is not needed. My question is, if I legally purchase marijuana from a dispensary and do not open it, can I still carry my firearm in... View More

I was stopped during a traffic stop and consented to a car search, where a small amount of marijuana and a grinder were found. I received a citation and a court date, where I settled the charges by paying a fine, and the matter was dropped. Now, a year later, I've been indicted for possession... View More

Timothy Denison
answered on Feb 19, 2025

The new stop should be precluded by double jeopardy. Get you a lawyer and fight it.

I work at a medical marijuana facility in Michigan and am wondering if the company is covered by the Family and Medical Leave Act (FMLA). Are employees at such facilities eligible for FMLA leave under company policies, or does the nature of the business affect FMLA coverage?