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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Oregon on
Q: I just turned 18 and am entering diversion soon I have my medical marijuana license. Can I still medically smoke?
James L. Arrasmith
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answered on Mar 26, 2024

Whether you can continue to use medical marijuana while entering a diversion program largely depends on the specific terms and conditions of the program you're enrolled in and the laws of the state you reside in. Diversion programs are alternatives to traditional criminal proceedings and often... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Florida on
Q: did observation of a marijuana grinding device warrant a legal search of driver and vehicle after examining med card

I was pulled over for window tint violation in Florida. One officer ran my licence and another observed a pot grinder through my passenger window. After asking if I had a medical marijuana license and was told yes and producing the card for his evaluation I was removed from vehicle and searched... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Florida, the observation of a marijuana grinder in your vehicle by law enforcement could potentially give rise to reasonable suspicion or probable cause, especially if marijuana use is not legalized for recreational purposes. The fact that you presented a medical marijuana card could mitigate... View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Ohio on
Q: Can I take legal action if I had to succumb to a drug test because I was accused of smelling like weed but I passed it
Nicholas P. Weiss
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answered on Feb 16, 2024

No. There are no employee legal protections in Ohio for being credibly accused of using marijuana and required to take a drug test.

1 Answer | Asked in Cannabis & Marijuana Law for Kansas on
Q: I have a medical marijuana card in Missouri. I am trying to expunge a PID in Kansas. Will I fail UA with THC in my body?

The charge is for selling THC concentrate, no prior crimes, non violent.

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answered on Feb 7, 2024

In Kansas, if you are undergoing the process to expunge a Possession with Intent to Distribute (PID) charge related to THC concentrate and are subjected to a urine analysis (UA) that tests positive for THC, this could potentially complicate your situation, despite having a medical marijuana card... View More

1 Answer | Asked in Cannabis & Marijuana Law, Family Law, Criminal Law and Civil Rights for Illinois on
Q: legal rights and guidelines to marijuana use pregnant women in 2024?
James L. Arrasmith
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answered on Feb 24, 2024

Here are some key legal rights and guidelines regarding marijuana use for pregnant women in 2024:

- Marijuana use remains federally illegal in the United States, regardless of pregnancy status. However, several states have legalized recreational or medical use for adults over 21. Laws vary...
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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: Am I able to give legally purchased edibles away in a raffle for a 501c3 to raise money?
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answered on Feb 6, 2024

In Illinois, while the state has legalized cannabis for both medical and recreational use, the law regulates how cannabis products, including edibles, can be distributed and sold. Generally, giving away cannabis products, even if legally purchased, as part of a raffle to raise money for a 501(c)(3)... View More

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: Can police search your vehicle if they say they smell marijuana in Tennessee
Anthony M. Avery
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answered on Feb 4, 2024

You might test it in a suppression motion, but if LEO smells pot, they have probable cause to think you are committing a crime.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: If i was caught with 14 grams of marijuana what do i expect to happen at my court date first time offense
Anthony M. Avery
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answered on Jan 29, 2024

Hire an attorney to represent you. Prepare for a preliminary hearing unless you can get it diverted, dismissed, then expunged. A conviction will mess your life up. Work, stay out of trouble, and get a new phone and number.

1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: In chattooga county, can 40 degree weather with no jacket affect the sobriety test of walking in a straight line?

Would someone be able to get a dui charge dropped do to the weather?

James L. Arrasmith
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answered on Jan 29, 2024

Cold weather and lack of appropriate clothing can indeed affect a person's performance on sobriety tests, including walking in a straight line during a DUI investigation. Factors like shivering, muscle tension, and difficulty balancing can make it challenging to complete the test successfully.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: Can someone the age of 21 still qualify to use youthful offender?

In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?

James L. Arrasmith
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answered on Jan 28, 2024

In Chattooga County, as in other parts of Georgia, the availability of the Youthful Offender status typically depends on the age of the individual at the time of the offense and the nature of the charges. The Youthful Offender status is generally reserved for those who commit certain crimes while... View More

1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Tax Law and Business Law for Maryland on
Q: What regulations are involved with Cannabis Accessory e-commerce in the state of Maryland?

I am looking into creating an E-commerce site that sells Cannabis Accessories (Grinders, Pipes, Etc). I have no intention on selling any CBD products.

James L. Arrasmith
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answered on Jan 28, 2024

Here are the key regulations around selling cannabis accessories online in Maryland:

1. Legal to sell cannabis accessories - Maryland has legalized cannabis accessories, so products like grinders, rolling papers, pipes, bongs, etc are legal to sell to adults over 21.

2. No sale of...
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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Hawaii on
Q: Can they actually prosecute you for promoting a harmful or detrimental drug, if you have a vape with THC-p product?

There are many different types of vapes that contain THC-p, And is legally sold at regular vape or smoke shops.

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answered on Jan 26, 2024

In Hawaii, the question arises about the potential prosecution for promoting a harmful or detrimental drug when possessing a vape with THC-p (delta-8 THC), a product legally sold in regular vape or smoke shops. The issue centers on the legality and classification of THC-p, a specific form of THC... View More

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1 Answer | Asked in Business Law, Cannabis & Marijuana Law and Internet Law for Washington on
Q: Can a WA dispensary legally make commissions off of third-party food products sold not on the premise?

For example, a dispensary has a QR code that affiliate links to a website that sells candy. The candy site pays them commissions for each sale that comes through because of the dispensary. I understand that WA state dispensaries cannot directly sell non-THC products (hats, candy, etc.).

James L. Arrasmith
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answered on Jan 23, 2024

In Washington State, cannabis dispensaries are subject to strict regulations regarding what they can and cannot sell or promote. While dispensaries are prohibited from selling non-THC products like regular food items or merchandise directly, the scenario you're describing involves an affiliate... View More

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?
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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

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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

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: I was convicted of Marijuana possession over 4ounces 50 years ago in Dallas County, Texas. Can I legally buy a firearm?
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answered on Jan 13, 2024

There are three ways you can be qualified to buy a Firearm in TX, as a prior convicted felon..

1. Get a pardon from the governor;

2. Receive permission from the local Sheriff to buy and possess a FA; or

3. Have your conviction expunged by District Court Order. This last one...
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1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I was caught with weed I didn’t receive a citation or warning, but he said it was reported what do I need expect from it

I was at my house when the incident occurred

Anthony M. Avery
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answered on Jan 10, 2024

LEO has a year to initiate a misdemeanor charge against you. Be prepared with money to bond out of jail and hire your own attorney. Stay away from illegal activities.

1 Answer | Asked in Civil Rights and Cannabis & Marijuana Law for Massachusetts on
Q: Can the police hold phone as evidence even after all charges were dismissed?

Recently arrested for distribution of class c and d drugs (cannabis concentrate, cannabis flower). Lead investigator took phone as evidence. Charges were dropped the next day as it was first offense. Now all belongings were returned except for phone. Lead detective says they can’t give phone back... View More

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answered on Jan 10, 2024

In the United States, law enforcement can retain personal property, including a phone, as evidence even if charges are dismissed. This is often due to ongoing investigations where your phone might contain relevant information. However, this retention must be reasonable and justified.

If you...
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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

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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

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