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Cannabis & Marijuana Law Questions & Answers
2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: Do I qualify to have my misdemeanor expunged from my records?

My case ended in a plea of Nolo contendere. My case was handled in pinellas county. The alleged offence was possession of marijuana.

Jonathan Blecher
Jonathan Blecher answered on Jul 14, 2020

Provided you have no convictions for any other offenses in your past, a withhold of adjudication on possession of marijuana should be eligible for a record sealing, not an expungement. Expungements are reserved for charges that have been dismissed by a judge or dropped by the State.

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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Tennessee on
Q: What Is the statue of limitations for 4lbs of marijuana and a stolen gun if found during a search warrant

They’re was a home invasion and one of the two tenants were shot. The other tenant of the home shot the intruder but got away. A detective got a search warrant and found a back back out side the home with approximately 4lbs of marijuana in the bag with scales and a couple thousand dollars. In the... Read more »

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

There are many different possible charges there, but a good estimate would be 6 to 8 year SOL 's. I recommend the tenants get new phones/computers, keep their mouths shut, and not ask anything about returning the firearms.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Texas on
Q: Is there a way to fight this?

The police arrested me for a burglary of an inhabitants charge while removing jointly owned property from a motel room. When they got me to the facility they found a tiny bit of pot on me that I had found in the room. Arresting me for burglary was erroneous. But can they drop the burglary charges... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 13, 2020

There are a bunch of rules regarding the admissibility of evidence. You should NOT post any more details about your case online but you SHOULD read about the "exclusionary rule" and the doctrine of "the fruit of the poisonous tree." Be sure to also read about the exceptions,... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Iowa on
Q: how long after my promise to appear is my tral?

my charges are all drug related misdemeanors and i have no record.

Benjamin Kohn
Benjamin Kohn answered on Jul 11, 2020

Although you have a right to a speedy trial (though even what that's been held to constitute is going to be different due to Covid, as is when a trial can be scheduled), which in ordinary times without a pandemic would require extremely good cause to be longer than a set number of days... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I currently have two charges that deal with marijuana. One for possession of paraphernalia and the other for possession

The charges happened in Va in two different counties. They are previous charges from 2015 and 2017

Brian M. Latuga
Brian M. Latuga answered on Jul 7, 2020

Good morning. Is there a question associated with this?

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: Marijuana is now decriminalized in VA. I was charged before it passed but still haven't been to court. What will happen?
Shemeka C Hankins
Shemeka C Hankins answered on Jul 3, 2020

It will depend on the judge and the facts surrounding your situation. If it is a first time offense it is highly likely that the judge will follow the new decriminalization statute.

1 Answer | Asked in Cannabis & Marijuana Law and Family Law for New York on
Q: What happens if a father comes out positive for marijuana and the mothers test comes out negative can they take the kid

On a 3rd party calling child protective custody on family

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 30, 2020

The answer based upon the facts presented is no CPS cannot take the child. However, be aware that until ordered to do so by a judge, you do not have to take a drug test.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Tennessee on
Q: Is it more likely that I am facing jail time or probation?

I am 19 facing a DUI charge. I made the terrible decision to drive after I was drinking with some friends. I did not really know my limit; therefore, I was too intoxicated. Prior to that I smoked marijuana so I know that both substances will appear in my blood sample. The violation listed on my... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 30, 2020

I would hire a competent local criminal defense attorney. At a very minimum, you will spend 48 hours in jail, perhaps more with the marijuana charge. You will have to attend a DUI class and pay fines and court costs.

If you want a license, you will have to pay for an ignition interlock...
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1 Answer | Asked in Copyright, Tax Law, Cannabis & Marijuana Law and Gov & Administrative Law for Texas on
Q: What is my entity type if I’m running an online smoke shop?

Any other legal advice about starting an online smoke shop

David Ostrove
David Ostrove answered on Jun 28, 2020

Based on what you have stated, you are probably a sole proprietorship.

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Michigan on
Q: I got a DWI a few months ago and i have my green card. Judge said not illegal drugs, can i still use marijuana?
Brent T. Geers
Brent T. Geers answered on Jun 22, 2020

You should ask your lawyer or the probation officer. Most courts prohibit medical marijuana while on bond or probation.

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody, Child Support and Divorce for Illinois on
Q: mother and step father are getting a divorce both wanr custody of my 6-year old brother. I’m 22 and did weed and acid.

This was a few months ago and I lived in my own place. I have no history of abuse or records. Will this affect my mothers ability to get custody of my brother? We have all of the evidence of him being abusive and I always take care of my brother. He’s going to try and make it seem like my mother... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 19, 2020

It does not matter what you chose to do when you were an adult on your own.

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: will officers in VA be able to use marijuana smell as probable cause to search a vehicle when the new law is in effect.
Brian M. Latuga
Brian M. Latuga answered on Jun 15, 2020

Yes. It is not legal, but merely a lesser penalty (civil infraction) for smaller amounts of plant marijuana.

1 Answer | Asked in Business Formation and Cannabis & Marijuana Law for Colorado on
Q: can I start a marijuana business as a trust beneficiary
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 11, 2020

The fact that you're a beneficiary of a trust will not affect your eligibility to apply for a MED license.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: How much would it cost for a lawyer to represent me in clay county on a Marijuana felony controlled substance
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 11, 2020

How much does a car cost? It depends on what type of car. A good car costs more than a bad car. Felonies can be punished with years in prison and convicted felons generally have more difficult lives for a number of reasons, often related to the limits the conviction implies for their career... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Connecticut on
Q: Charged with pos. of <1/2oz cannabis in CT and was given a nolo contendre. Do I have to report this on an application?

Application is for US Patent Bar. Question states: "Have you ever been arrested, charged, or held by Federal, State, or other law enforcement authorities for any violation of any Federal or State law, or any country or municipal law, regulation, or ordinance? If YES, provide a detailed... Read more »

Allan F. Friedman
Allan F. Friedman answered on Jun 8, 2020

YES you have to report it. Lying on an application to a bar is an offense worse than possession of marijuana - be truthful and consult an attorney who works on bar applications

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Florida on
Q: Hello! I'm a medical marijuana patient in Florida, am I allowed to carry cannabis in my car?

I'm hoping to learn the statutes, and regulations

Jonathan Blecher
Jonathan Blecher answered on Jun 5, 2020

Like other prescribed controlled substances, you must carry them in their pharmacy dispensed container with original labeling. Additionally, you must carry your valid MM card with you.

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: Can I legally grow 2 plants of hemp with a the content of .03% or lower? It is strictly for personal use .

Thc content of .03 % or lower

Aaron A. Pelley
Aaron A. Pelley answered on Jun 5, 2020

Division 24 of the California Food and Agricultural Code provides for the cultivation of industrial hemp by registered growers, hemp breeders, and established agricultural research institutions. Regardless of any federal requirements, all hemp growers in California must comply with existing state... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Washington on
Q: Do I need a special type of business license to sell growing equipment to the marijuana growers?

The WA state website does not specifiy, and I cannot find this answer *anywhere*. I've no desire to touch, buy, or sell marijuana. I want to start a website that sells the equipment to grow it, though. Hydroponics, LED lights, blah, blah.

Aaron A. Pelley
Aaron A. Pelley answered on Jun 5, 2020

Most states do not require a specific license, except a business license (and perhaps City license) to work in the areas you have described. However, as ridiculous as it sounds, you are still subject to Federal Prosecution, as those who sell certain precursor chemicals, specialized equipment, or... Read more »

2 Answers | Asked in Federal Crimes, Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Will I go to prison for a class c felony of chemical endangerment of a child for a first time offense ever in my life.

I have been charged with possession of paraphernalia, possession of marijuana and a class c felony of chemical endangerment of a child due to having bongs and pipes and marijuana.

Kyle D Pierce
Kyle D Pierce answered on May 29, 2020

Probably not, but you certainly could. You need to immediately retain a criminal lawyer.

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1 Answer | Asked in Family Law, Adoption and Cannabis & Marijuana Law for Arizona on
Q: If I find myself in family court, will the court know I have my medical marijuana card if I don't tell them?
Jay Hall
Jay Hall answered on May 27, 2020

There really is no advantage to concealing this. By statute, the family court cannot draw any negative inference from a valid medical marijuana card. If the opposing party alleges substance abuse, you may be ordered to test randomly for an extended period of time. The card may help preempt that.... Read more »

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