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Cannabis & Marijuana Law Questions & Answers
2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Can a pro se litigant in a criminal case initiate communication with the prosecutor for the sake of plea bargaining?

I e-filed an appearance for my own behalf. I was arrested on my 3rd marijuana possession in Indiana; class A misdemeanor. I filed 2 motions; one for stand-by counsel and the other to have my bond returned to pay for my defense. The bond request was denied but there is a hearing set for the... Read more »

Paul Stanko
Paul Stanko answered on Apr 3, 2020

Yes. Just make sure to tell the prosecutor you are pro se.

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1 Answer | Asked in Cannabis & Marijuana Law and Civil Rights for Kentucky on
Q: Can the police enter any home if they say they smell marijuana
Timothy Denison
Timothy Denison answered on Mar 18, 2020

No. They need a search warrant unless you consent to the search.

1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: I live in an apartment building. Can the property management prohibit people from smoking marijuana now that it’s legal

Everyone in each building got a note saying they hold the right to prohibit the smoking of marijuana even though it is legal now. Is this correct?

Kimber Russell
Kimber Russell answered on Mar 17, 2020

That is correct. Landlords can lawfully prohibit the smoking of marijuana on their property and in their rental units. The same goes for public housing.

1 Answer | Asked in Family Law and Cannabis & Marijuana Law for Ohio on
Q: I have a criminal record but I haven't been in trouble in over 10 years my children live with their maternal grandmother

They want to live with me can I still get custody even though I smoke Weed

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 16, 2020

Now is an excellent time for you to get a medical marijuana card. There are a variety of physicians out there who can get you one, and if you are using marijuana for medical purposes then that cannot be used as the sole reason to deny you custody. R.C. 3796.24 (2 - 3). Let me know if you'd like... Read more »

Q: Working for a company and having Medical marijuana

Is it illegal for an employer to refuse to hire someone due to smoking marijuana even if they have a medical marijuana card? The company is saying they have a strict "drug free policy" and cannot excuse marijuana from the drug screening even if a medical card is provided. The type of job being... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Mar 16, 2020

The employer is entitled to set requirements for the job. If qualifying in a drug free environment is one of the requirements, then you right (in Florida) to use medical marijuana does not exempt you from that requirement. For example, the employer can require that no person working can take cold... Read more »

Q: Can I own/posess a firearm and grow medical cannabis in a recreational state? Thanks in advance, Veteran, 50, Illinois
Kimber Russell
Kimber Russell answered on Mar 10, 2020

If you have a valid medical marijuana card and your FOID card you can lawfully keep your firearm in Illinois at this time. Individuals who have drug addiction issues or have felony weapons charges on their records, however, are prohibited from owning a firearm.

Make sure you are abiding...
Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Maryland on
Q: Inmy statement of probable cause it says pant instead of plants is that a clerical error that can be grounds for dismiss

If so what language should i use or say to have that piece of evidence thrown out

Eric Todd Kirk
Eric Todd Kirk answered on Mar 9, 2020

Without seeing the statement itself it's impossible to say for sure but this certainly appears to be a simple typographical error. That would not be grounds for dismissal.

2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Indiana on
Q: I had a wreck in November due to a seizure. I was put in the ambulance and refused treatment

Because I knew I had a seizure.A deputy then put me in cuffs and took me to the hospital to see if a doctor could tell if I had a seizure the dr could not verify if I had one then the officer had me do blood test. I just received papers saying I have to go to court in March for a class c... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 2, 2020

You should consult with an experienced criminal defense attorney and do not talk to anyone about this other than your attorney. At this point it is illegal to have marijuana metabolite in your body, however, there is legislation that may change that in Indiana.

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1 Answer | Asked in Family Law, Cannabis & Marijuana Law and Child Custody for Tennessee on
Q: If a mom used marijuana and is now going through a custody battle, how likely is she to lose custody? Never married.

I’ve used thc and cps has closed my case after successfully passing random drug screens. I failed the first one but cps still closed the case. How likely is it for I, the mother to lose custody of my 2 year old child? Also, I have proof (pictures and messages of him advertising) of the father... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 25, 2020

From your question it seems as if there is no current court case. If that is the case, then you are probably fine. If here is a court action currently lodged with the court, then you need to revise your question and add additional detail to allow attorneys to better respond. Good Luck!

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: If I got a marijuana possession charge when I was 17 but may not go to court until after my birthday..

Will I be charged as an adult or minor? This is my 3rd posession charge.

Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

If the date of offense was before you turned 18, then the case will be in juvenile court. You should definitely seek counsel still however b/c they can sentence you as an adult if you are 18 b/c technically you cannot take advantage of juvenile services. Also it is a third offense so the court... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Pennsylvania on
Q: Co op community daughter was pulled over gota dui and small amount of pot.shes not on my lease but lives here can i be

1st time offender no priors . Like I said she's not on our lease but she does live here but she does also have that other address somewhere else she just stays with us mom and dad thank you i guess im asking if i can be evicted?

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

I doubt it -- but I suppose you should look to the terms of your lease (instead of the DUI laws).

Best of luck to you, and her. If your daughter needs some assistance with her DUI case -- and there are legal traps for the unwary! -- feel free to have her contact me offsite.

Q: How Are you sir or madam?

Do you fully accept your curent life situation?

Tim Akpinar
Tim Akpinar answered on Feb 22, 2020

Something may have gotten left off your question when you posted. You could try uploading again if there were additional elements to your question. Good luck

Tim Akpinar

3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: 1st offender charge w traf. Pot possible time? Is cbd same? Can age be a factor? 76 yr old. In GA
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 11, 2020

The answer is it depends. More information is needed about your case before a definitive answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you...
Read more »

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1 Answer | Asked in Cannabis & Marijuana Law and Copyright for Idaho on
Q: Can I take the trade mark Hemp Hemp Hooray from original filing person? TM shows as being abandoned.

Will you please Google this to see what I'm seeing?

Robyn T. Williams
Robyn T. Williams answered on Feb 11, 2020

You cannot "take" a trademark from the mark owner if it is still being used in commerce as a source identifier, regardless of the federal registration status. Applying for and being allowed a federal registration does not automatically prohibit a mark owner from opposing registration, petitioning... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: Hi im from va. Im on first offenders for weed I got caught shoplifting today what will happen? 97$
Shemeka C Hankins
Shemeka C Hankins answered on Feb 11, 2020

More than likely if you are convicted of the shoplifting, you will also be convicted of your marijuana charge. One of your conditions of the first offender is good, law-abiding behavior so a new conviction is a violation of that. You should consult with your prior attorney or a new who can advise... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: Can a marijuana DUI stack on previous alcohol DUI'S in PA?
Cary B. Hall
Cary B. Hall answered on Feb 10, 2020

Yes.

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky on
Q: I’m doing research on S W for a suspects home to look for evidence of a remote outdoor marijuana grow and staleness.

cases being overturned or evidence being suppressed due to staleness in approximately 30 day information to get search warrant for suspects home to find evidence of a remote outdoor marijuana grow .

Can anyone point me in the right direction to find info?

Thank You in advance... Read more »

Timothy Denison
Timothy Denison answered on Feb 8, 2020

It will be under staleness of search warrants. May also find help underwrite provable cayse.

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for New Jersey on
Q: How severe is this offense

I was arrested for 4 roach clips that the police believe to be Marijuana roaches, and no actual marijuana was found, I'm 18 with no prior record and am a 3.6gpa student

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 30, 2020

Well its pretty serve when you figure as the law stands today, you have a criminal record of arrest and if the substance found tests positive for THC you looking at up to 180 days in jail (rare for first time offenders) 6 months loss of your drivers license, $1000.00 fine and other surcharges and... Read more »

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: What should I do for a pending court date for a misdemeanor charge of weed in McDuffie co , Thomson Ga
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 25, 2020

It is best to contact an attorney as soon as possible who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240–0922.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for New Jersey on
Q: If during a traffic stop a cop smells marijuana can they pull you out your car and search it without consent from me?

Also can the cop search my trunk which is considered a lock compartment without a warrant?

Howard Lesnik
Howard Lesnik answered on Jan 22, 2020

Yes, plain smell is an exception to the search warrant requirement. However, that does not mean that the underlying motor vehicle stop and subsequent search was valid. You should consult with an attorney to discuss the facts of your case and possible motion to suppress.

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