Cannabis & Marijuana Law Q&A by State

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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Cannabis & Marijuana Law for Colorado on
Q: Recently found evidence

If someone was wrongly convicted and found evidence to prove their innocence how do you bring such evidence to the attention of the court ? This evidence was provided to the public and to the court who refused to address it ? Its concerning mmj red card plant counts .

Thank you

Sean Maye
Sean Maye answered on Dec 1, 2020

You would need to file an appeal under Rule 35(c). If you are incarcerated, you should request an attorney to assist you with this. If not, you should consult with a private attorney because these petitions are very complicated and you will need detailed legal guidance.

4 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: My car was seized because of a felony amount of marijuana will I get it back? Scott county mn

I was driving and got pulled over for not fully stopping at a stop sign. I had an odor of weed in my car. They gave me a notice of seizure and intent to forfeit. How do I get it back?

William Bailey
William Bailey answered on Nov 22, 2020

Hiring an attorney is going to be the best chance. At a minimum you should get a consult.

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1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: I was charged with an M-4 for a marijuana pipe in 2006.

The charge is now preventing me from getting my ccw in Ohio and I feel like it’s ridiculous to not be able to do so based on a charge from 14 years ago when I was a stupid kid.

Matthew Williams
Matthew Williams answered on Nov 18, 2020

Many sheriffs will not issue a CCW permit until you seal minor convictions like this. You can apply to the court to have the record sealed and the it likely won’t be an issue anymore.

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: I was pulled over and my weed pipe was found but no ticket was issued

My headlight was out and i got pulled over had to reach into my glove box to get my papers and my pipe was in there the officer smelled it and took it but never gave me a ticket but now i have to appear for court this don't seem legal

Matthew Williams
Matthew Williams answered on Nov 5, 2020

They don't have to issue a ticket right away. They can send you a summons and complaint later. This often happens in paraphernalia cases because they send the substance in for lab testing before charging someone. You should get a lawyer.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Currently have a drug paraphernalia citation. Please read details. What is my best course of action?

There has been no court date set. This has been a pending charge since February 2020. The court has offered me a disposed disposition for the citation. I have asked my attorney if they can move court date up, and they have not been able to assist me. I need the fastest solution possible; this... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 4, 2020

Would your employer accept a letter from your attorney's office explaining that the prosecution has offered a dismissal agreement but it can't be processed while the court is closed for the COVID pandemic?

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: In California if I have motel and I smoke weed in my car without having my keys on me to drive.

Then go straight to my motel room is that illegal?

Maurice Mandel II
Maurice Mandel II answered on Nov 3, 2020

First and foremost, you are NOT allowed to consume legal cannabis in the following places: ANY public place or area; ANY location where tobacco smoking is prohibited; Within 1,000 feet of a school, etc. So the question becomes, where is this car? If on the street, probably not, as the street is a... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I live in VA. If i get caught with less then an ounce of marijuana thats bagged up, could i still get a felony charge?
Brian M. Latuga
Brian M. Latuga answered on Nov 1, 2020

Less than an ounce, if charged as distribution, is a misdemeanor. Less than an ounce for personal use is a civil penalty and still unlawful. Anything over an ounce charged as distribution is a felony.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Discrimination for New York on
Q: offered a job at a big box retailer. They were aware of medical marjuana use. Now offer taken back from employer.

Medical marihuana use was divulged during interview, they still offered a position. Now they say - will not hire you unless a drug test can be passed.

V. Jonas Urba
V. Jonas Urba answered on Oct 30, 2020

Medical marijuana and recreational marijuana are different. I can not vouch for the legitimacy or accuracy of the below link but it sounds basically correct:

If you do not undergo the testing then...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for California on
Q: Can I sue for being misdiagnosed with schizophrenia spectrum disorder ? I clearly don't have it.

Hello I was arrested two years ago for possession of an assault weapon in ca. While serving time I. County jail I was pulled off to the side by a psychologist and a psychiatrist whom out of the blue told me I had schizophrenia spectrum disorder and put me on medication. I never showed symptoms of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 29, 2020





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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Oklahoma on
Q: 1st time offender sentenced for marijuana in 2010 it has been 10 years had deferred sentence 10/25, can I file expunge

1st time offender charged with trafficking marijuana completed parole issue free have 25 deferred. Can I qualify for expungement? In Oklahoma

David A. Cincotta
David A. Cincotta answered on Oct 23, 2020

You say you have 25 deferred. Do you mean suspended? It looks like from the title of your question (by your use of 10/25) that you received maybe a 25-year sentence with the first 10 years to serve for trafficking marijuana, and you were paroled at some point while serving the 10 years, is that... Read more »

2 Answers | Asked in Cannabis & Marijuana Law and Real Estate Law for New Jersey on
Q: Can the state seize my home if it is considered a grow house for marijuana.

This is hypothetical and I pondered this question from watching YouTube videos about drug busts

Morris Leo Greb
Morris Leo Greb answered on Oct 22, 2020

A simple hypothetical answer to your

inquiry, the house is at risk for seizure.

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1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: I haven't been charged with a crime. can a police officer confiscate my medical marijuana? And refuse to return it.

I have a medical marijuana card in good standing in the state of missouri

Roderick C. White
Roderick C. White answered on Oct 16, 2020

Even a valid medical marijuana card does have some limitations with regard to amount. Such as:

"Up to four ounces may be purchased per 30 days. The Department of Health may set limits on the amount of marijuana possessed, “provided that the limit is not less than a 60 days supply.”...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Juvenile Law for Tennessee on
Q: Can a officer give a 16yr a citation and then come back and tare that one up and give you a new one.

My son who s 16 was given a citation from a police officer for illegal weapon on the back of the citation it says you have been charged with a municipal offence and do you do not have to appear in court and the officer marked 1 charge 100.00. When I went to pay it they said the officer is new he... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2020

General Sessions is not a Court of Record, and the Citations or Warrants can be amended or dismissed at anytime with new Charges being instituted. You might want to hire an attorney so this will be as painless as possible.

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Florida on
Q: My neighbors door stairs have a medical card saying the can smoke weed but the smell is getting into my apartment and my

My apartment complex won’t do anything about it what can I do ?

Barry W. Kaufman
Barry W. Kaufman answered on Oct 7, 2020

One thing you can do is ask your landlord to move you to another apartment. It would be at your expense. I suppose you've already talked to the neighbor, and he's refused to make accommodations for you.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Probate for Georgia on
Q: If I smoked weed before being put on probation can I go to jail still?
Seth Meyerson
Seth Meyerson answered on Sep 28, 2020

Conduct that occurred before your sentence cannot be validly used to violate your probation.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: How to drop charges for something he didn't commit?

for being framed

Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 27, 2020

What happened is he possessed a package with a controlled substance. This scenario is not as uncommon as you might think. The best way to address this situation is through a qualified and experienced lawyer. There may be other facts that you may not be aware of. Even if the marijuana charge is... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Was being served papers at my home when answered the door the officer seen parafinalia

On table and found small amount of marijuana. I was arrested for misdemeanor parafinalia and misdemeanor possession. Can I get this dismissed?

Sheila Crumley Field
Sheila Crumley Field answered on Sep 24, 2020

It’s very possible. While this falls under the “plain view” exception to a warrantless search, many counties in Alabama have a PreTrial Diversion program that allows for the dismissal of the charges once you complete the program. I’d find a good criminal lawyer and ask them about filing out... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for New York on
Q: Should I plead guilty or not guilty to a 221.05 charge for marijuana?

I have never been charged with anything before. The judge told me I can plead guilty and receive a fine or plead not guilty. If I plead guilty do I automatically receive a fine or can I ask for a marijuana ACD? Do they offer it or do I have to plead not guilty for a marijuana ACD?

Victor M. Feraru
Victor M. Feraru answered on Sep 20, 2020

You should be retaining counsel and not pleading to anything until you two have gone over the facts, ramifications and potential solutions to your issue.

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: As a 23 year old Virginia resident, can I purchase recreational Marijuana in washington dc?
Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

Purchasing marijuana is legal in the District of Columbia. What I'm guess you are asking is if you can bring it back into Virginia and possess it. Possession of Marijuana is not legal in the state of Va but it was just decriminalized - which make it a civil penalty of $25 for possession of... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Louisiana on
Q: Is there any and where do I look for case law to get a better idea of my chances of avoiding the felony/sentence

I was a passenger in a car I was helping transport back to Texas that I was legally borrowing to do repairs to. The driver (I just met) was hired by vehicle owner to help me make the trip, and unbeknownst to me in possession of meth and a R/X pill/s (of which we were both charged because it was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 11, 2020

You need to hire a criminal attorney to develop a defense. Do NOT give anyone a statement.

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