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Cannabis & Marijuana Law Questions & Answers
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... Read 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... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Ohio on
Q: If you live in ohio but work in pennsylvania do you get the medical cannibis discrimination protections as pennsylvania?

Someone who lives in PA gets protections from being fired if they have a medical card. But Ohio doesn't have any of that.

So if I live in Ohio but work in PA would I not get these protections because I live in Ohio and have an Ohio medical card?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 16, 2022

No. Pennsylvania law applies to Pennsylvania companies. They would not be able to terminate so long as you are in compliance with Pennsylvania's medical marijuana laws.

1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: I was prescribed medical marijuana and want to know can the courts lock me up because I am on parole and probation?

I was diagnosed with ptsd, depression,anxiety and insomnia. Please help

Scott Scherr
Scott Scherr
answered on Aug 31, 2022

You should discuss with your lawyer filing a motion to modify your probation to allow you to use your medical marijuana card.

1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: Is the smell of marijuana probable cause to search a vehicle in Illinois?

So what about the ruling from Judge Daniel Dalton that states that the odor of cannabis is not probable cause for a vehicle search? Is that only for Whiteside County?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 11, 2022

Yes. Although the State of Illinois legalized personal use of marijuana, however, its use while driving is still prohibited and may result in a charge of driving under the influence (same as DUI).

Therefore, a smell of marijuana from the vehicle creates a legitimate probable cause to...
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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: What are the implications of starting a cannabis delivery service in Illinois?

I think a cash only approach that partnered with local dispensaries sounds like a sound business opportunity. But I am wondering what I am missing

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

Delving into commercial sales of marijuana in Illinois is an extremely complex undertaking that has many nuances. You may begin with contacting the State of Illinois respective agencies for more information.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Kansas on
Q: I am trying to get expunged. My probation was supervised and I got the 30 for 30 program, am I still on Probation?

I know where I am confused, due to this is my 1st offense.

I don't know if I'm still on P&P... Nor when I can start procedures to get expungement

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2022

Most offenses in Kansas may be expunged if the conditions set forth in the expungement statute (K.S.A. 21-6614) are met. Depending upon the specific crime, there is a waiting period of three or five years (with a few exceptions of one, seven and ten year waiting periods) from completion of... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Michigan on
Q: What will happen now after marijuana legalization in Michigan, having a marijuana misdemeanor warrant from 2016?

I was charged with possession of marijuana, i was pulled over, officer said he smelled marjijuana, i told him i forgot i had a grinder in my council and not in the back in a lock box, I had my medical marijuana card, since it was not locked up, I gave him the grinder, he charged me with possession... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Great question! Like many changes in the law, it remains to be seen what will happen in situations like yours. Best thing to do is contact the court. If there is a valid warrant for you, you may be arrested on it, so it's important to address it. And what matters is whether your actions were... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Ohio on
Q: Good evening if I am on colors for drug testing in Kentucky and I legally live in my residence in Ohio can I smoke weed
Joseph Aaron Bondy
Joseph Aaron Bondy
answered on Jul 6, 2022

I don’t know what it means to “be on colors” in Kentucky, and I am not an attorney in Ohio, however cannabis possession in Ohio is unlawful whether in public or your home—possession of under 100 grams remains a misdemeanor. See, generally, https://norml.org/laws/ohio-penalties-2/

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What are the rules of procedure when applying for and returning a knock and announce search warrant in indiana

When does an affidavit (probable cause) for search have to be filed with the clerk? When does the warrant have to be returned? If there's no affidavit of probable cause ever filed with the clerk EVER ..is that legal? Next if 10 months later a different cause number(ed) search warrant is... Read more »

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 5, 2022

If you have had 3 attorneys not sure why your questions have not been answered. To answer your questions accurately depends on the specific facts of your case which are not listed in your description. However, you can Google the specific statute to give you some insights into the law that... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Maine on
Q: Can you own a gun and use weed
Hunter J Tzovarras
Hunter J Tzovarras
answered on Jun 30, 2022

Federal law prohibits anyone who is: "who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)" from possessing a firearm. This would include marijuana use because it is defined as a controlled substance... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for New Jersey on
Q: Can a new jersey public school rescind my job offer as a substitute per diem teacher due to a positive thc drug test?

My drug test came back positive, but I still don't know specifically for what. It could be the medication I am on or the thc from smoking. I have no idea which one came up. They gave me an offer and I was going through the on-boarding process when they sent me a random email saying I have been... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Yes, just because certain drugs are taken by prescription or if they have been legalized does not mean that an employer has to hire you. I do not believe that they are required to indicate what drug or if that makes any difference whatsoever. Good luck and try some place else.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Do Indiana crime labs have the technology or ability to tell (test) if it's hemp or marijuana

I read an article by Forbes magazine which claimed that indiana didn't have the ability to tell the difference between hemp and marijuana. Now if they can how easy is it? Would it take a long time and would it be costly to the state

Greg Spencer
PREMIUM
Greg Spencer
answered on Jun 23, 2022

I have seen the language in the lab work from the State "Marijuana THC percent not determined". Hopefully at some point in the future they would be able and/or interested in trying to determine that percentage.

1 Answer | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Georgia on
Q: Can a Georgia stat trooper pull your vehicle over for a missing signal light as being probable cause?
Morris  Margulis
Morris Margulis
answered on Jun 20, 2022

Yes, vehicle equipment violations are permissible reasons to initiate a traffic pullover.

What happens after that point is not necessarily fair game, however.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: My oldest daughter, her boyfriend and my younger daughters car was searched upon entry to a festival in manchester, TN.

several small stashes of marijuana were found. My oldest received a simple possession charge. She does not partake in marijuana. If I took a negative hair follicle drug test to court and questioned the fact that the car is not hers, would the charge possibly be dropped?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 15, 2022

Daughter needs a competent attorney now to prepare for a Preliminary Hearing. The hair test would be heresay without expert testimony, but is something to tell the DA. She does not want a drug conviction on her record. It sounds like a consent search also.

2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 3, 2022

No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf... Read more »

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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Indiana on
Q: What can I do if my public defender is not doing her job? Also to make things WORSE she is lying and damaging my case.

She lied to the judge and told him that I wasn't coming to appointments.Which is a lie. I have video to prove it. The judge then told me what a good attorney she was i

her skills were so great so when I went to say something he shut me down and told me that I need to make myself... Read more »

James A Hanson
James A Hanson
answered on May 31, 2022

You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: If I smoked weed 2 weeks before driving, Am I still in danger of getting a dui?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 20, 2022

No, unless you have used some other substance much more recently.

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