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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Nebraska on
Q: First offense marijuana possession charge in Nebraska—believed to be Delta 8, incident in car.

I was recently charged with possession of less than an ounce of marijuana in Nebraska. This is my first offense, and I believed I was purchasing Delta 8, which is legal in the state. The incident occurred in my car, and I was cooperative with law enforcement. I have not sought any legal... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 6, 2025

If it is less than an ounce, it would be an infraction -- like a parking ticket -- and a fine. Under most circumstances, I would just pay it. (You could not even test the hemp to see the amount of Delta 9 in it for less than the fine.) If it is over an ounce, and certainly if it is over a pound... View More

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Ohio on
Q: Can I be evicted for medical marijuana use in my apartment?

I have a medical marijuana license and live in an apartment where I recently received a verbal complaint from the maintenance man about the smell of marijuana. Can I be evicted from my apartment for smoking marijuana under these circumstances?

Nicholas P. Weiss
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answered on Mar 4, 2025

Yes, for two reasons.

1) Under Ohio's medical marijuana law, the marijuana may not be smoked, so you would be using the medical marijuana in violation of statute.

2) Ohio's medical marijuana law makes explicit exemptions for employment and other discrimination actions....
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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Nebraska on
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time

Possession and paraphernalia of thc. In Nebraska, I live in Missouri.

Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More

Chad Wythers
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Chad Wythers
answered on Mar 2, 2025

I'm not sure I completely understand your question. I think you are charged with possession of marijuana and paraphernalia. It also appears that this is your first offense in Nebraska.

Under Nebraska Revised Statute 28-416(13), possession of less than one ounce of marijuana is an...
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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Nebraska on
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time

Possession and paraphernalia of thc. In Nebraska, I live in Missouri.

Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 3, 2025

Marijuana under an ounce is an infraction and fine. Same for paraphernalia. They do not appoint free public counsel unless you're facing jail time. Make an offer to plead guilty to one and they may drop the other. Then just pay the fine. You can ask it get set aside in 3 years. Probably... View More

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2 Answers | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: Terminated in California for smelling like marijuana without warning or policy.

I was terminated from my job in California for allegedly smelling like marijuana. There was no prior warning or explicit policy explained regarding marijuana use at my workplace. The decision to terminate me was based solely on smell, with no drug test conducted. No other employees were involved,... View More

Neil Pedersen
Neil Pedersen
answered on Feb 25, 2025

An employer can terminate an employee for doing something the employer does not like or approve of, even if the employer had never told you what was prohibited. Although you cannot now be fired for using marijuana off the clock, smelling like marijuana is not so protected. Unless there is more... View More

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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and DUI / DWI for New Hampshire on
Q: What consequences for first misdemeanor weed possession at 18 in NH?

I am 18 years old and was pulled over in Amherst, New Hampshire, with under 3/4 oz of weed in my car. This is my first offense, and I was cooperative with the officer, informing him of the location of the weed. I was charged with a misdemeanor. Additionally, I had tobacco products and unopened beer... View More

Leonard D. Harden
Leonard D. Harden
answered on Feb 17, 2025

You should contact a defense lawyer in or near Amherst. There are potential loss of license and under 20 DMV consequences. I practice in the northern part of NH and do not know the local prosecutors. I would recommend that you select a lawyer by going to the NHACDL or NACDL website to pick a... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Was it legal for police to search my vehicle in Oklahoma without consent after a canine search?

I was pulled over in Oklahoma for a tag light being out; the vehicle belonged to my mother. My passenger had a warrant for her arrest. After we were stopped, the officers removed me from the vehicle to "get to know who he was talking to." They conducted a canine search around the vehicle... View More

Tracy Tiernan
Tracy Tiernan
answered on Feb 15, 2025

There are lots of factors that come into play in determining whether a traffic stop, search, and drug seizure are constitutional or unlawful.

Based on your brief recitation of these facts, they clearly had a right to engage in the traffic stop if your tag light is out. From that point...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for South Dakota on
Q: My daughter got pulled over for expired tags. The cop claimed he smelled marijuana. He broke into a lockbox and found

Paraphernalia. She now has a court date for possession, what are my options in South Dakota?

Adam Bryson
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answered on Feb 9, 2025

Based on what you've stated the original stop was valid, as any motor vehicle infraction no matter how minor, is justification for a stop. Law enforcement often uses odor of marijuana to justify a probable cause search of the vehicle. There are possible options such as a motion to suppress the... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: will a possession of marijuanna arrest without a conviction keep me from obtaining a massage therapy instructor license?

i was arrested in 2018 i completed pre-trial diversion and am eligible for expungement but it has not happened yet because of financial barriers. i have had no subsequent legal troubles or arrests. i have been a licenced massage therapist for over 10 years with no issues in retaining my license... View More

John Cucci Jr.
John Cucci Jr.
answered on Jan 10, 2025

If you completed your DIVERSION program "satisfactory" and the judge told you in court, that your weed case was dismissed, then your application for a massage Instructor, will not be stopped or hurt, due to your past criminal charges. You should get the expungement as soon as you can.... View More

2 Answers | Asked in Cannabis & Marijuana Law, Civil Rights and Domestic Violence for Georgia on
Q: I have had a social worker show up at my house on allegations of domestic violence, dirty home, and drug use.

I did deny her when she asked to come inside and speak with me. I told her that I was more than willing to cooperate but I just had gotten off and would like for her come back the next day when I got off at 5.

Joshua Schiffer
Joshua Schiffer
answered on Jan 12, 2025

You are absolutely within your rights to refuse entry, absent a court order, but you need to be prepared to mitigate their conclusions as well as facilitate an inspection.

I STRONGLY advise you to communicate with them through an attorney, or at a minimum with witnesses and video, and...
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1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Employment Law and Products Liability for Texas on
Q: I accidentally consumed a product with THC and I have a job that does random tests. Should I inform my employer?

I occasionally do legal mushroom edibles but always buy products that do not contain any THC or THC derivatives because my employer does random tests. My smoke shop started selling mushroom vapes so I decided to try one. After using it the effects were reminiscent of marijuana, noticeably different... View More

John Michael Frick
John Michael Frick
answered on Jan 6, 2025

There is no "good" or "right" answer to your question. If you tell your employer that you even accidentally consumed THC under the mistaken impression it was a psychedelic, and your employer has a zero tolerance or drug-free policy, or your job involves the operation of... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: How should my friend proceed with his case?

My friend was involved in a traffic stop after being accused of threatening someone with a gun. He says he gave the police consent to search for a gun (none was found) but not to open any bags or containers. The police found drugs in a bag while conducting the search. He is currently being charged... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 11, 2024

It appears that your friend gave limited consent to the police to search the interior of his car which was ignored by the police during the actual search. I would be curious to know the description of the bag in which the drugs were located. Large enough to have contained a firearm? If not, then he... View More

1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: How can I fight a vilotion of cannabis that was hearsay rather than proof of it.
Thomas C Gallagher
Thomas C Gallagher
answered on Oct 12, 2024

The most important thing one can do if facing a criminal charge, is to get help from a defense attorney. The Minnesota Court's Rules of Evidence contain a "Rule Against Hearsay." Hearsay is an "out of court statement, offered for the truth of the matter asserted." The... View More

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Minnesota on
Q: can you smoke cannabis between the time of your arrest for a DWI and before your court date ?
Thomas C Gallagher
Thomas C Gallagher
answered on Oct 9, 2024

That would depend upon things not stated in the question. For example, if the judge's Pretrial Release Order provides for Conditional Release, and one of the conditions is "no use of alcohol or non-prescribed drugs" or similar, then smoking cannabis would violate that condition.... View More

Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

Charles Candiano
Charles Candiano
answered on Sep 20, 2024

The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More

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1 Answer | Asked in Cannabis & Marijuana Law for Texas on
Q: Can first time offenders felony charge with the pen with THC that was bought at a smoke shop be charged with that felony
John Michael Frick
John Michael Frick
answered on Aug 14, 2024

Yes, possession of any quantity of THC in Texas is a felony unless it falls within the "hemp" exception. The legal definition of "hemp" requires that it have a concentration of delta-9 THC that is not more than 0.3% on a dry weight basis.

It is very important that you...
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2 Answers | Asked in Contracts, Admiralty / Maritime and Cannabis & Marijuana Law for Tennessee on
Q: Was banned from a cruise line for making a YouTube video about Marijuana smoking onboard. Was never caught.

Someone saw the video and reported it to the cruise lines. And I was banned for life. Not for getting caught for smoking weed. Banned because of a video of me smoking onboard. Can I sue?

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

They'll do that. The short answer is that cruise lines have a no-marijuana policy. It's possible the video was flagged as a violation of policies, and that it could be used as evidence in subsequent proceedings if it appeared on social media or other public forums. Good luck

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1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: AB 2188 says employers can no longer test employees for non psychoactive chemicals found in marijuana.

My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More

James L. Arrasmith
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answered on Jun 27, 2024

To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:

1. AB 2188 Overview:

AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and...
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1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: Can a municipal water company test for THC in California for pre employment?
James L. Arrasmith
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answered on Jun 23, 2024

To answer this question accurately, we need to consider a few key points about cannabis law and employment practices in California:

1. Cannabis legality: Recreational cannabis use is legal in California for adults 21 and over.

2. Employment law: Despite legalization, employers in...
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1 Answer | Asked in Cannabis & Marijuana Law and Federal Crimes for Florida on
Q: Can i buy a gun private sale or a licensed firearm salesman as a medical marijuana holder?

First off i live in florida, polk county to be specific for the law. i do currently hold a medical marijuana license. and im pretty sure if i go into a store to buy a gun they wont let me because of the medical marijuana card. but does that also apply to private sale? like say could i just send my... View More

James L. Arrasmith
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answered on Jun 22, 2024

In general, federal law prohibits users of controlled substances, including medical marijuana, from purchasing or possessing firearms, regardless of state laws. This applies to both licensed dealers and private sales. Having someone else purchase a firearm on your behalf (known as a "straw... View More

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