Cannabis & Marijuana Law Q&A by State

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Cannabis & Marijuana Law Questions & Answers
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.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: Ive been arrested on a felony drug charge. It was for 61 grams of marijuana. Could they come back with a search warrant

They had searched parts of my home when the initial accident occurred. My boyfriend had overdosed and they found the marijuana in his things. He later passed away and now theyre trying to pin it on me because we shared the same home and the person the pot belonged to is now deceased. My bail... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

Unless you own the property, find another place to live now. You probably need a new phone and/or computer. Stay away from the people you have done illegal acts with. Work hard and stay out of trouble. Confidential Informants are doing everything they can to give the LEO's probable cause to... Read more »

3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: I had a jar, a glass pipe, and lighter and less than 1.5 grams of weed. I was smoking and a cop pulled up.

he just took the jar. I gave him my id and then he wrote what looks like my license number and my DOB down. and then he said we can go on our way. What do you think will happen? he was really nice about it but he says he was going to weigh it and then destroy it and that it looks like I would be... Read more »

William Bailey
William Bailey answered on Sep 9, 2020

Could be that nothing happens. Could be that you receive a citation for possession of marijuana in a motor vehicle. If convicted, you could lose your license. It would be wise to have a lawyer help you with this. Many of us offer free consultations.

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1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Ohio on
Q: I was recently arrested for OWI in Ohio, does that mean my license is suspended?
Brian Joslyn
Brian Joslyn answered on Sep 9, 2020

In the state of Ohio, your license is automatically suspended if you refused OVI testing or had a BAC reading of .08 or above. So, if you were arrested for OVI you should expect to receive notification relatively soon of your upcoming suspension. You do have 30 days after the initial appearance for... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Legal Malpractice for Indiana on
Q: I have a warrant. My lawyer didn’t appear in court after telling me the day before I didn’t have to go. What do I do?

I can’t get ahold of my attorney. Clark County Indiana

Paul Stanko
Paul Stanko answered on Sep 4, 2020

What county did this happen in?

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Kentucky on
Q: Can misdemeanor be expunged? How long do you have to wait (time wise) to be eligible for expungement? poss/marijuana

poss/drug paraphernalia. Both are my 1st offense on both. Happened in 2007.

Timothy Denison
Timothy Denison answered on Sep 2, 2020

Yes. Can be expunged after 5 years.

1 Answer | Asked in Contracts, Personal Injury, Cannabis & Marijuana Law and Civil Rights for North Carolina on
Q: I have reported a problem with the leasing office about the new neighbors and how my apartments smells like (weed)

They have not done anything about it and i have a seven year old. it comes from the bathrooms and all in the apartment.. it seems to be coming from the venting system. i spray light candles ect. What can i do about this? im worried about my child and myself

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

I am sorry to hear that you are experiencing these problems. As for ensuring the landlord does something, the first place you should check is in your lease. I would not be able to tell you whether you have the right to enforce certain prohibitions in your lease, such as a smell penetrating your... Read more »

Q: How do I file a stay away order for protection order of some sort Also have an exparte order overturned

My kids paternal aunt just doesn’t like me& has repetitively&continuously been calling child services making false reports of abuse or neglect since 2018 July 2019 after a long battle with child services I was granted custody of my children Dad visits every other Saturday. July 2019 to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 29, 2020

You need to quarantine for 2 weeks and get 2 negative covid tests. Then hire a custody lawyer.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: I have questions about theft and drug cases I'm facing right now

would like to upload documents

Ellis B. Klein
Ellis B. Klein answered on Aug 20, 2020

The best thing to do is call experienced criminal defense attorneys and get a consultation. Most lawyers, including myself, give free consults over the phone, so start calling around! Good luck

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: My boyfriend was parked on the wrong side of the road he was coming out of the house when an officer road by and made a

Uturn to tell him he couldn’t park where he was parked then he went on to ask him for his license and he told him to sit in the car he proceeded to do so his license came back good only for the officer to tell him he smelled marijuana well my boyfriend complied and told him there was marijuana in... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 17, 2020

It was legal for the policeman to check his license and to ask him to get into his car. Since he was illegally parked, that was enough to “stop” him.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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1 Answer | Asked in Cannabis & Marijuana Law for Texas on
Q: Can I expunge a case that has already been dismissed for free?

I was charged with a POM in a drug-free zone (B) and a PODP (C). I paid a lawyer $1,400 to get the charges dismissed. My lawyer wants to charge me about $2,000 more to get the charges expunged. However, I would much rather pay nothing and do it myself. How difficult is this to do?

Rick Cofer
Rick Cofer answered on Aug 14, 2020

Congratulations on your charge being dismissed. Now it's time to expunge the arrest and clean your record. Filing a Petition for Expunction can be relatively straightforward or highly complex. For example, if an individual was charged with multiple offenses out of the same arrest, had most of... Read more »

1 Answer | Asked in Traffic Tickets and Cannabis & Marijuana Law for South Carolina on
Q: What does it mean when ticket amount says MAX?

Officer told me if i came to court he would drop the charges but I don't want to show up to court empty handed. Charge is simple possession of marijuana

Ryan D Templeton
Ryan D Templeton answered on Aug 12, 2020

For simple possession of marijuana the minimum fine after all required assessments is $407.50 and the maximum fine is $615.00. Don't forget that simple possession of marijuana 1st offense also carries jail time of up to 30 days along with the fine. I would highly recommend speaking to an... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: I allowed Law Enforcement to forward 1 email from my phone to himself. Can the emails be used against me in court?

Even though I only allowed one email to be forwarded, when he took my phone to put his email in he forwarded himself the whole conversation without my permission and without a warrent. Will that hold up in court. My worry is they will say I allowed all emails to be sent which is not true because... Read more »

Ellis B. Klein
Ellis B. Klein answered on Aug 8, 2020

Yes. Anything can be used against you. Do not speak with police without speaking with a lawyer.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: If law enforcement only has proof of purchase of drugs through messages can you be found guilty from that alone?

Law enforcement has never had proof of physical drugs but they have messages that I bought them. Will that alone in court be able to convict me of possession? Messages were only to buy never sell or intent to sell.

Ellis B. Klein
Ellis B. Klein answered on Aug 8, 2020

It depends what you are charged with. If you are charged with possession, possibly no. Of you are charged with attempt or conspiracy, then maybe. Talk to an experienced criminal defense attorney who can examine your case to see of there is a defense. Good luck!

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for California on
Q: My house got raided and they found some wax and butane cans around 6 of them and two pills that weren't mine

They released me the next day but they forced me to write down and sign on a piece of paper that everything found inside the home was mine if I didn't cooperate with them what can I do

Dale S. Gribow
Dale S. Gribow answered on Aug 6, 2020

The answer most lawyers will give when asked a legal question is IT DEPENDS. Unless a lawyer has received all the facts s/he can’t spit out a credible answer. Junk in equals junk out.

Every case is unique, and more information is needed to properly answer your query intelligently. In...
Read more »

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1 Answer | Asked in Constitutional Law, Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: friends house was Searched with a warrant they found illegal items and substance they both felons y didnt arrests them
Anthony M. Avery
Anthony M. Avery answered on Aug 5, 2020

Alot of times the LEOs either request Charges to be issued sometime after the Search Warrant Execution, or they try to work out a Sentence to bring to the Court for entry. Very often the citizens searched cooperate with the LEOs to incriminate others, and receive lighter Sentences therefor.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: i was caught in the state of Georgia with marijuana i am being fined more the state maximum what to do?

was passing through Georgia when i was caught with 4 grams of weed. was left off with a citation only to find out my ticked is 1,345. after ding research the state maximum on possession of marijuana under an ounce is up to OR 1000 dollar fine. can i get this dropped? lowered? payments? MI 19 living... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 5, 2020

This is a forum for Tennessee Criminal issues. You should contact a Georgia attorney.

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