Lawyers, Answer Questions  & Get Points Log In
California Cannabis & Marijuana Law Questions & Answers
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

You could try to arrange a free initial consult with an employment law attorney. If your cruise ship was not U.S.-flagged, that would be meaningful to an attorney. Since most cruise ships are registered offshore, it could help if you have a copy of your employment agreement - that might contain... View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Land Use & Zoning for California on
Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop

Property for having 325 plants had two permits for up to 99 plants they confesscated all plants

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2023

If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines.

The confiscation of all plants,...
View More

2 Answers | Asked in Cannabis & Marijuana Law, Car Accidents and Criminal Law for California on
Q: Son hit and run charge and under influence.

Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured not his vehicle though So I put a claims... View More

Leon Bayer
Leon Bayer
answered on Oct 18, 2023

I’m terribly sorry for what this must have done to you and your family.

I suspect that your insurance claim will be denied IF your son was a resident of your house.

If he did not live with you, you stand chance that your insurance will cover the property damage. However the...
View More

View More Answers

2 Answers | Asked in Cannabis & Marijuana Law, Car Accidents and Criminal Law for California on
Q: Son hit and run charge and under influence.

Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured not his vehicle though So I put a claims... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

Given the circumstances, it's essential to promptly notify and cooperate with your insurance company about the incident. If the vehicle Raymond was driving was insured, the insurance policy should cover the property damages, up to the policy limits. However, coverage can vary depending on the... View More

View More Answers

2 Answers | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: Can I get fired for marijuana use in California on my days off!

I got hurt on the job good night I got off I was no longer on the clock. I put a THC hemp oil on my back to help with the pain that you got drug tested the next day if I fail can I get fired?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2023

While recreational marijuana use is legal in California, employers still have the right to enforce workplace policies regarding drug use. If your employer has a policy against marijuana use, even on your days off, and if failing a drug test violates their policy, it could potentially lead to... View More

View More Answers

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: Will a previous medical marijuana card from California appear on a federal background check?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

A previous medical marijuana card from California is unlikely to appear on a federal background check. While medical marijuana is legal in some states, it remains illegal under federal law. Federal background checks typically focus on criminal history, employment, and other relevant records.... View More

2 Answers | Asked in Cannabis & Marijuana Law and Juvenile Law for California on
Q: Can my probation officer take my weed from my room if I’m a juvenile and weed has nothing to do with my probation condit
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2023

As a juvenile on probation, you are subject to certain conditions and restrictions as part of your probation. These conditions may include drug testing and restrictions on drug use, even if the drug in question is not related to the offense that led to your probation.

If your probation...
View More

View More Answers

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Federal Crimes for California on
Q: if someone sends a controlled substance across state lines, what happens to the person who receives it

i think i am being scammed by someone who advertises sending medicine online, then i found out it’s a controlled substance, and they’ve been hitting me for hundreds of dollars for insurance stamps etc and threatening me that i’ll get arrested if the package is opened before delivery. i never... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

Federal Law: Controlled substances are regulated by the federal government in the United States, primarily through the Controlled Substances Act (CSA). The CSA categorizes drugs into different schedules based on their potential for abuse and medical use. Sending a controlled substance across state... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Landlord - Tenant and Real Estate Law for California on
Q: I am a renter and was fined 30k for a Marijuana grow. Is removing the lien hold on the property possible?

The grow was where four different properties meet. The plants were removed and 30,000$ fine was issued to me. But a lien was placed on the property. The land owner lives out of state and had no knowledge of any activity. Is removing the property lien hold possible?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2023

If you were fined $30,000 for a marijuana grow in a rental property, and a lien was placed on the property, it is possible to have the lien removed if you pay the fine or reach a settlement agreement with the governing authority that imposed the lien.

However, it is important to understand...
View More

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: I am considering applying for a medical marijuana card for my anxiety and depression. Will this be a permanent mark?

I am only 18, and I know there are certain things you cannot do by holding a medical marijuana card. I do plan to ask a doctor and get it done officially, however, I don't want to have a permanent mark that will restrict me for the rest of my life. Please let me know.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

It is advisable that you consult with a licensed healthcare professional or legal expert in your area to understand the specific laws and regulations around medical marijuana use and how they may affect you. Additionally, if you are concerned about the long-term impact of having a medical marijuana... View More

3 Answers | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?

But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023

If you were fired from your job due to the use of CBD oil and believe that you were wrongfully terminated, you may have legal options.

In California, employers are generally prohibited from discriminating against employees based on their use of medical marijuana or CBD oil for medical...
View More

View More Answers

3 Answers | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?

But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

It is likely--even under California law--that your employer can legally fire you for failing a drug test.

I advise you, however, to keep the CBD oil that you used and to have it tested for THC. Although it is extremely rare to test positive on a drug test as a result of using CBD oil,...
View More

View More Answers

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for California on
Q: If I call the cops on someone on my property does the cops the right to search me and my residence?

I smoke weed and some person won’t get off my property harassing me i don’t want the sheriffs if I call them, searching my home and maybe planting something on me.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

If you call the police on someone on your property, the police may have the right to conduct a limited search of your property for the purpose of ensuring their own safety and the safety of others. However, the police generally cannot search your home or person without a warrant or probable cause... View More

View More Answers

Q: My name is Modesto and my mother accused, took me to Pomona childrens court I have never been charged or arrested

Never charged I got dv

I wrongfully accused

Never arrested or charged

Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2022

the best advice any lawyer can give you is to ask the court to appoint a Public Defender at your first appearance.

s/he will have access to a police report and any other evidence.

since PD's have very heavy case loads, I suggest you type up all the facts so that s/he does not...
View More

Q: After filing writ of mandate with trial court, what do I file to get a court date?

I filed a petition, verification, and memo of points and authorities. They responded and I filed a response as well. How do I get a court date now? The court is telling me I need to file something else but will not tell me what. This is for a writ of mandate challenging a city's actions during... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 28, 2022

Without knowing a lot more information, it would be very difficult for me to answer your question.

My experience is that when the court tells you to file an additional document, they usually tell you exactly what they want. So if you received some kind of notice from the court, I urge you...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.