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California Cannabis & Marijuana Law Questions & 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.

James L. Arrasmith
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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...
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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,...
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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
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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

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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...
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1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: I was asked to resign after admitting to self medicating with pot in California

I was basically pushed to admit I self medicate with marijuana because i am off my meds after being accused of being on drugs whle having a mental illness. I was asked to resign after I was TOLD I wasnt going to pass the drug test. I didn't even perform a drug test and was asked to resign... View More

James L. Arrasmith
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answered on Oct 11, 2024

It sounds like you’ve been put in a tough spot. In California, while recreational marijuana use is legal, employers are still allowed to maintain drug-free workplace policies. This means they can require drug testing and may take action, even if you use marijuana legally outside of work hours.... View More

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: What's the process for getting 2 enhancement/strike remove from a current non violence offender case. Thank you

The offender filed a Habeas Corpus June, 2024. However it was sent to the wrong department.

James L. Arrasmith
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answered on Oct 8, 2024

To begin the process of removing two enhancements or strikes from your non-violent offender case in Riverside, start by reviewing your current case documents carefully. It's important to understand the specific charges and the basis for each enhancement or strike. Since the Habeas Corpus was... View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: I work at in n out and we had a comps event where I was caught with possession of marijuana not trying to enter the even

But at the parking lot. I have a medical card I didn’t inhale anything it just fell to the ground and the guy caught me and now I’m fired is this ok?

James L. Arrasmith
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answered on Jul 19, 2024

Under California law, employers have the right to maintain a drug-free workplace and can enforce policies prohibiting the use of marijuana, even if you have a medical card. Despite California's legalization of marijuana, both for medical and recreational use, employers can still terminate... 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...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for California on
Q: can i take back guilty plea was not mine nor was it my vechile? just wanted to get out of jail

possesion of marajuana looking for free lawyer please

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

If you're seeking to withdraw your plea, you'll likely need assistance. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... View More

2 Answers | Asked in Contracts, Employment Law and Cannabis & Marijuana Law for California on
Q: Asked to sign a lease on a car to be a courier by my employer said he would make the payments and pay 125 on insurance

Received lease and it makes me responsible for the monthly payments and insurance and a monthly maintenance fee of .10 a mile. And asked me to pay 250.deposit and 99.00 transfer fee due at signing and he would pay registration but bill me at the end of the year no where does it say he will make the... View More

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2022

Your employer has the legal duty to pay for any expenses you incur on behalf of your employer. However, the procedure used by your employer is very sketchy and could leave you exposed to lease payments, and other expenses associated with ownership of the vehicle, after your employment ends. As... View More

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2 Answers | Asked in Contracts, Business Law and Cannabis & Marijuana Law for California on
Q: have lease agreement for weed cultivation license. Bureau of canna control said subletting is illegal Is contract void?

I was unable to move forward with business and now owner claims I still owe him for the remainder of the contract. Does he have any grounds to come after me or can I walk away?

Scott Wilsdon
Scott Wilsdon
answered on Feb 7, 2022

I agree with the advice already given about the importance of sitting down with a lawyer to review your agreement. The only additional point I would make is that current regulations governing licensed cannabis operations prohibit subletting. (Cal. Code Regs. Title 4, Section 15000.4; effective... View More

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2 Answers | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: Im looking for a lawyer who can help me with during the company I work for . I work for a cannabis dispensary.

I work for a dispensary that is not complaining with rules and regulations.

Neil Pedersen
Neil Pedersen
answered on Dec 13, 2021

Unfortunately, this Q&A board is not the place to ask attorneys to respond to you with an agreement to work with you. Furthermore, your post does not really help to determine what your issue may be. Are you facing retaliation for opposing unlawful conduct? Are you being forced to do things at... View More

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1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for California on
Q: How to respond to an Entry of Default?
Julie King
Julie King
answered on Dec 1, 2021

If you don't know what to do, you should go to the self-help center of your local courthouse or, if there is none, hire a litigation attorney. Getting a litigator to help you is clearly the best route because you are already behind the eight ball, as they say. Do not delay. This is VERY... View More

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: I’m working in cannabis delivery. They did not pay me to train couriers they said they will give me bonus if I train.

I’m not a lead they just ask me to help them out and told me to give bonus but they did not give me bonus. I trained few people but nothing. Can I file a lawsuit? How much can I get if I did?

Brad S Kane
Brad S Kane
answered on Oct 8, 2021

While the promise to give you a bonus to train people is probably to vague to be enforced, you should be entitled to be paid for all hours worked, including the time you trained the other couriers. Unless you worked more than 8 hours total on that day or days, you would be entitled to pay at your... View More

1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can you be arrested in airport for transport of marijuana without the police showing you any evidence of marijuana?

Police arrested me and stated that they got marijuana out of my checked back in Sacramento. I never gave a statement. They never show me they had marijuana from my bag. They didn't show me anything.

Louis George Fazzi
Louis George Fazzi
answered on Jul 28, 2021

This is the legal forum for California residents. You need to post your question for lawyers in your state, or in the state where the events took place.

2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for California on
Q: Vc 23215f. The officer smeeled marijauna and with no FST forced a blood test ? Now what?

I answered no questions and with my balance problems sobriety checks make me appear intox so i dod not give them,that evidence. Any advice it would be most helpful

John Karas
John Karas
answered on Jun 28, 2021

Hire a skilled and experienced criminal defense attorney.

Drug related DUI's are more difficult for the DA to prosecute because there are no set standards regarding the level of the MJ in your system for a presumption that you were under the influence unlike alcohol related DUI's (.08).

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Cannabis & Marijuana Law for California on
Q: If a business with legal product sell or delivers to customers who uses it for illegal activity, is that aiding & abedd?

Business and it's products are completely legal. The product I sell is firewood and water from a ground well that has water rights. Most customers use this on properties that are large MJ grows illegal by county ordinance but also used for housing among the same properties

John Karas
John Karas
answered on May 10, 2021

It depends on the nature of the product, by whom it's used and for what purpose.

For example, you posted this question under several categories including Cannabis & MJ law. MJ is now legal for persons over the age of 18. However, if you sold/ delivered MJ to a minor (under 18)...
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2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for California on
Q: My husband was arriving in 11/18 I hired a lawyer he did not help my husband he wanted him to plea guilty,

What options does he have,he was assaulted by the arresting officer

Dale S. Gribow
Dale S. Gribow
answered on May 5, 2021

MUCH MORE INFO NEEDED.

IS 11/18 .......2018?

BECAUSE YOU HIRE A LAWYER DOESN'T MEAN YOU WILL GET OFF FROM THE CHARGES. A LAWYER FORCES THE DA TO MEET THEIR BURDEN OF PROOF. WHETHER THE CLIENT DID THE ACT OR NOT IS NOT THE ISSUE. IT IS WHETHER THERE IS ENOUGH EVIDENCE TO...
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1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: How much trouble will I get caught in lax with one .05 gram thc cartridge over 18 but under 21

Flying from Lax with a .05 weed cartridge

Ammon John Ford
Ammon John Ford
answered on Mar 29, 2021

Over or under 21, transporting cannabis products across state borders is illegal under federal law, and under the laws of most states...including legalized states like Washington and California. This small amount would likely only be seen as simple possession and not carry particularly stiff... View More

Q: Legality of filming illegal activities as a reporter?

Hi my girlfriend and I plan on starting an investigative journalism based YouTube account. We want to shoot a video called, “A look into the black market cannabis scene.” For this video we plan to interview black market cannabis dealers who work with cartels along with filming their operation.... View More

David Michael Lehr
David Michael Lehr
answered on Feb 9, 2021

You are safe. They are definitely not!

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