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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law for New Jersey on
Q: Is it illegal to ship cannabis from legal state to legal state.

Can I ship cannabis via USPS or UPS from California or Denver to New Jersey.

Aaron A. Pelley
Aaron A. Pelley answered on Mar 3, 2021

It is Federally illegal to transport across state lines and, since it is still Federally illegal, it is, at least for now, not advisable. For all practical purposes the State agencies and local authorities do not likely care. However, the UPS is a Federal agency and USPS cooperates with the Fed.... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Illinois on
Q: what happens when your 19 years old and gets pulled over for a turning signal and the coo finds marijuana in the car
Juan Ooink
Juan Ooink answered on Mar 1, 2021

You will get at least two tickets and possible charged with the criminal offense of possession. If you have pending charges, you need to hire a Criminal Defense Attorney right away.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Arizona on
Q: What motion do I file to dismiss charges?

1 attorney told me to file a motion to dismiss without prejudice is this correct? I have DUI from 2012 for marijuana do to the new law in Az allowing medicinal marijuana. I would like to have the charges dismissed at the time I had a medical marijuana card from another state I don't know if... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Mar 1, 2021

Based on your question, I cannot tell whether you have a pending charge or a conviction for DUI from 2012. If it is a pending charge, then there is likely an active warrant for your arrest and you will need to get the warrant quashed and handle the DUI case before the driver license hold will be... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Arizona on
Q: Legally grow 6 marijuana plants without exceeding the 1 oz max in possession? Even one plant is over 1 oz. What gives?

I was hoping someone could explain the apparent contradiction between legally growing six plants and legally having no more than 1 oz in possession. I have never grown pot before so I was reading up on it, and it looks like each plant could produce over a pound of marijuana. It seems possible that... Read more »

Aaron A. Pelley
Aaron A. Pelley answered on Feb 28, 2021

You are right. That was not a very thoughtful piece of the legislation. There is an argument that you would have several plants, in different stages of growth, and harvesting and using the cannabis as you need it. But if you are only getting one ounce per plant, even if you are growing an unusual... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: I was pulled over with 7-8 grams of marijuana and a small pc of paraphernalia. The detective wants me to do buys now.

Or they arrest me. I don’t want to do this but they said my job would find out and I could be in a lot of trouble. What are my options?

Matthew Williams
Matthew Williams answered on Feb 26, 2021

Well, you can cooperate and possibly avoid being charged, or you can not cooperate and be charged. If you decide to cooperate, you should do so through an attorney to make sure they don't charge you anyway.

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Is a weed container narcotic paraphernalia?
Grant St Julian III
Grant St Julian III answered on Feb 18, 2021

Texas Health & Safety Code Section 481.001 (17):

Drug paraphernalia" means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing,...
Read more »

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2 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Can police legally unlock and search my glovebox without a warrant

I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »

Brian Foley
Brian Foley answered on Feb 12, 2021

You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may... Read more »

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Q: Legality of filming illegal activities as a reporter?

Hi my girlfriend and I plan on starting an investigative journalism based YouTube account. We want to shoot a video called, “A look into the black market cannabis scene.” For this video we plan to interview black market cannabis dealers who work with cartels along with filming their operation.... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 9, 2021

You are safe. They are definitely not!

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1 Answer | Asked in Admiralty / Maritime, Business Law and Cannabis & Marijuana Law on
Q: In North Carolina do I have to have a dealer's license to purchase a dealer license plate
Tim Akpinar
Tim Akpinar answered on Feb 7, 2021

There was no mention of a vessel, although Admiralty/Maritime was selected as a category. It wasn't clear if this was about a maritime law matter involving a vessel or activity on navigable waters. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: want to get an ohio medical marijuana card but I'm on probation, I saw it's legal for me to get but my P.O won't let me.

Is it legal for me to get the medical card and is my p.o aloud to stop me from getting it if so?

Matthew Williams
Matthew Williams answered on Feb 4, 2021

You can get a medical card, but it's only Ohio law. Marijuana is still illegal under federal law, card or no. Your PO can require that you obey ALL laws, and they usually do. That means no marijuana use.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Federal Crimes for Missouri on
Q: If it's been 3-4 years without charging someone with a felony, what happens?

Felony drug possession

Caroline Bundy
Caroline Bundy answered on Jan 27, 2021

Under Missouri law, the period of limitation does not run: (1) During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or (2) During any time when the accused is concealing... Read more »

Q: I was denied employment due to CBD oil usage for insomnia. The product label DID NOT state the possibility of THC.

I was using CBD oil from a large retail store (Vitamin Shoppe) for insomnia. The label on the bottle or packaging DID NOT state the possibility of positive THC in drug tests, thus made me think I was safe in using the product. My drug test came back positive for THC and was denied employment even... Read more »

Mark Oakley
Mark Oakley answered on Jan 12, 2021

CBD oil and other hemp-based products are not yet regulated by the FDA, and the 50 states all have 50 different regulatory schemes for this product. In short, there is little legal requirements regarding listing ingredients and THC concentrations. Legal hemp, as opposed to illegal or regulated... Read more »

1 Answer | Asked in Agricultural Law and Cannabis & Marijuana Law for Arizona on
Q: Under prop 207 am I aloud to sell plants

Just wanted to know if selling marijuana plants is legal

Brian C. Soto
Brian C. Soto answered on Jan 3, 2021

The short answer is no.

In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer "up to six marijuana plants to an individual...
Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Mississippi on
Q: Possession charge flowood ms, I notice at the bottom I swear to show up on or before the court date, can I just pay fine

Ahead of time instead of going in front of court?

Arthur Calderon
Arthur Calderon answered on Jan 2, 2021

Maybe. However, I would highly encourage you to reach out to a lawyer to see whether there is a way to keep this off of your record.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What constitutes a No Knock warrant in Indiana?

On a tip from a C. S. The police served a NO KNOCK warrant. For pot? First SWAT then ICE. Never identified themselves. At gun point. Wouldn’t show us the warrant. Left it after the search. Had no affidavit. They had no badges , we couldn’t EVER see they’re faces. The affidavit is excluded... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 22, 2020

You need to contact an experience criminal defense attorney in your area to discuss the case in more detail.

1 Answer | Asked in Cannabis & Marijuana Law and Military Law for Wisconsin on
Q: I am interested in joining the army reserves. Marijuana is may be in my system. I want to go to Military Entrance though

I want to go to Military Entrance with honesty of what's in my system but I don't believe it should fairly disqualify me, as per with a doctor I can prove the upkeep of a drug free workplace by testing more frequently proving it is getting out of my system. I have taken all of the... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 16, 2020

No, this is not possible. The military has policies regarding what drugs are tested for as part of the military entrance process. Currently this includes testing for marijuana. if you stop using marijuana early enough before the drug test, you may pass. You should realize that if you are not... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Mississippi on
Q: What's does 3years in custody of mississippi department of corrections two years suspended 1 Year isp 5years supervised
Arthur Calderon
Arthur Calderon answered on Dec 14, 2020

It sounds like the overall sentence would be 8 years, with three to serve; however, without actually seeing the sentencing order, it is hard to determine how much time would actually be served. From my initial glance of what you are saying, it sounds like there would be no time to serve, and... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Does a 'Felony' come off of someone's record after a certain period? Can a marijuana sell/distribution be expunged?

In 2007, I was charged with a Drug Felony for Possession/Manufacturing/Sell/Distribution of Marijuana in Douglas County. They (Police) actually Kicked our doors in while I was @ work. I was called and had to leave out of surgery. When me and my mother got there; They had already left with my... Read more »

Meg Strickler
Meg Strickler answered on Dec 11, 2020

Unfortunately, in Georgia, you can no longer expunge your record. The new term is "restriction" and your case doesn't qualify for restriction. So, it will remain on your record.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: How can I dismissed a misdemeanor over half an .Oz of marijuana in Arizona?

Possession of marijuana in Arizona

California resident (Legal in CA)

Criminal charged

First offense

No doctor letter

Officer told me its a misdemeanor

Court: Parker Magistrate (Dec. 2)

Matthew Maerowitz
Matthew Maerowitz answered on Dec 11, 2020

In light of Arizona Prop 207 legalizing possession of up to 1 ounce of marijuana for individuals over 21, the prosecutor should agree to dismiss. Do NOT plead guilty to possession of marijuana. You should privately consult an attorney who can help discuss further.

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