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Cannabis & Marijuana Law Questions & Answers
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?
John Cucci Jr.
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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

James L. Arrasmith
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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

T. Augustus Claus
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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

1 Answer | Asked in Cannabis & Marijuana Law for Washington on
Q: So in Washington State, Spokane, Marijuana is legal, can cops still arrest you for having it? Even if your not driving?

Can Law Enforcement Officers arrest you for possession of Marijuana in a legalized state in a vehicle? Also implies if it's legally bought from a store or not.

T. Augustus Claus
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answered on Jan 2, 2024

In Washington State, where marijuana is legal for recreational use, law enforcement officers generally cannot arrest individuals solely for the possession of marijuana within the legal limits. However, there are still regulations and restrictions in place. Possession limits, typically one ounce of... View More

1 Answer | Asked in Cannabis & Marijuana Law and Constitutional Law for Kansas on
Q: I have a medical marijuana card. I'm in the worst district with the worse judge. I have a good recommendation from my PO

But I've been sick and only had four business days to find an attorney. Any advice? The violation is for marijuana

James L. Arrasmith
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answered on Dec 17, 2023

If you're facing legal issues related to marijuana despite having a medical marijuana card, it's important to seek legal representation as soon as possible. Given that you've had limited time to find an attorney due to illness, you might want to request a continuance from the court.... 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
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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...
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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
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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 for Ohio on
Q: Ohio- do I now have to put up with the smell of weed filling up my apartment because of my neighbors smoking it?

Live in an apartment. Lease says no illegal drugs. But manager ignored complaints only thing that stopped it being constant is fear of cops knocking on their door and now with the law changing am I to live in misery? Moving is not an option. Disabled and on fixed income. Also have asthma and get... View More

Nicholas P. Weiss
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answered on Nov 22, 2023

A landlord has the ability to evict a tenant in Ohio if they have actual knowledge that they are consuming illegal substances. Their refusal to do so could be considered a defect in the property, which could give you the ability to escrow your rent with the court until the defect is corrected.

1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Municipal Law for Texas on
Q: 22 years ago got 2 tickets. I've had a driver's license and ID since then I don't know why now &is it legal?

they're going to issue a warrant for my arrest is that legal after 22 years why haven't they done it before now? Any loopholes?

Grant St Julian III
Grant St Julian III
answered on Nov 21, 2023

The question is whether the complaint (the formal charging instrument) was filed with the court within the 2 year statute of limitations period from the date of alleged offense. Calling a lawyer would help. Good luck.

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
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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...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: In Ohio, my stepson's parole officer has agreed to his medicinal card, but says he's only permitted to use gummies, why?

Gummies or smoking medicinal marijuana, sold at dispenseries, has the same THC amount.

Nicholas P. Weiss
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answered on Nov 21, 2023

Under Ohio's medical marijuana statute, medical marijuana may not be smoked. It may be consumed in many other ways, but not smoking.

1 Answer | Asked in Banking, Cannabis & Marijuana Law, Civil Litigation and Contracts for Texas on
Q: Yes I need help with my realtor business on what I own
John Cucci Jr.
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answered on Nov 17, 2023

It is important to protect your personal assets from your business. Create a corporation or a limited liability company to use to operate your business. The tax consequences are different depending on which form of business you take. See a professional to get more particular guidance.

I...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but....

My Po says I can't? Does he have the right to deny me that right?

Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2023

I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many... View More

1 Answer | Asked in Family Law and Cannabis & Marijuana Law for Ohio on
Q: Now that weed is legal in ohio can cps test for it
Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

Under current state regulations they can. While the technical effective date of the voter initiated statute, is December 7, 2023, Ohio's General Assembly and the Department of Commerce and the Department of Development have yet to flesh out the new regulatory structure for the actual sale... View More

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I legally smoke 0.3 THCA vape… if I test positive for thc for my pre employment drug test for this, will I be denied the
Anthony M. Avery
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answered on Nov 13, 2023

TN is an employment at will State. The employer can terminate for any or no reason.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: Do police have to test suspected drugs to make sure they are really drugs? Example- test weed to make sure it’s not cbd?
Anthony M. Avery
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answered on Nov 9, 2023

No but the magistrate/clerk might not find probable cause to issue the arrest warrant.

2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Arizona on
Q: I want to get a Medical Marijuana card will that effect the standing of my F1 Visa as it is federally illegal?

I heard I could potentially risk deportation as a result of obtaining one

T. Augustus Claus
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answered on Nov 7, 2023

Yes, there is a risk of deportation if you obtain a medical marijuana card while on an F-1 visa. This is because marijuana is still classified as a Schedule I drug under federal law and possession or use of a Schedule I drug is a federal crime. As an F-1 visa holder, you are subject to federal law,... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Missouri on
Q: I got arrested for marijuana possession and missed my trial date... what do I do now?

I've tried calling the court and a public defender and they were no help, I got arrested in Jefferson County Missouri, who should I go to to help me through the legal process of getting this taken care of.

T. Augustus Claus
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answered on Nov 7, 2023

Missing your court date is a serious matter and can have significant legal consequences. You should immediately contact an attorney to help you resolve this issue.

An attorney can help you understand your options and protect your rights. They can also help you reschedule your trial date and...
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1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: Can someone be terminated for be accused of smoking cannabis when they have proof that they were working at the time?
Robert Kane
Robert Kane
answered on Nov 6, 2023

Yes, someone can be terminated for be accused of smoking cannabis when they have proof that they were working at the time. Employers usually don't need a reason to fire someone. Please look up "at will" employee.

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