Cannabis & Marijuana Law Q&A by State

Your current state is Virginia

Show More States »

Lawyers, Answer Questions  & Get Points Log In
Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: Why do Attorneys on this "FREE LEGAL HELP FORUM " website tell us "Not to talk about the details "

Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

James A Hanson
James A Hanson
answered on Jan 30, 2023

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Child Custody for Kentucky on
Q: Can my baby’s father get visitation after possession and intent to sell of Marijuana?

My baby’s father has been inconsistent since I got pregnant, we were never together. He was charged with possession of Marijuana and intent to sell 6 months ago in Indiana (we live in Louisville, KY) and is on probation, he is also unemployed and we suspect he is still selling. He has seen her 5... Read more »

Timothy Denison
Timothy Denison
answered on Jan 28, 2023

Yes. He could still get visitation. I would do nothing snd make him take you to court. Then you can impeach him with all the drug convictions snd ammo you have.

1 Answer | Asked in Immigration Law and Cannabis & Marijuana Law for Ohio on
Q: After missing interview,does clock restart after approval to reschedule interview or after you attend Interview
Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Your question does not contain enough information to provide you an answer. It appears you have a question about timing requirements when you miss an interview with USCIS. You should contact a local immigration attorney ASAP, if you missed an interview.

Q: Should the fda and cdc be legally held accountable for allowing the hemp thc-o acetate, heart/Lung issue/teeth damage

I have contacted both and have been neglected to be called back, They have known for years and after I was forced to use their safer than cannabis alternative here in Wisconsin, thc-o is everywhere and now after a rancid batch I had 2 months of a sinus infection, now heart issuses, lungs hurt and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

The FDA and CDC are federal agencies which have sovereign immunity from such lawsuits.

You may however have a valid claim against the sellers and manufacturers of the Thc-o products you used.

Just as with tobacco using plaintiffs, you will face comparative / proportional...
Read more »

Q: If I call the cops on someone on my property does the cops the right to search me and my residence?

I smoke weed and some person won’t get off my property harassing me i don’t want the sheriffs if I call them, searching my home and maybe planting something on me.

Dale S. Gribow
Dale S. Gribow
answered on Jan 20, 2023

Based on the facts presented, NO, they could not search you and your home...

unless they have probable cause.

Maybe have a friend with you to verify what happened.

1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

- deleted -

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 19, 2023

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

2 Answers | Asked in Cannabis & Marijuana Law for Maryland on
Q: In the state of Maryland is the smell of weed a reason to search my car
Mark Oakley
Mark Oakley
answered on Jan 17, 2023

Yes. Possession of marijuana is still illegal in Maryland, even if the amounts are below the criminal threshhold and only qualify for the civil infraction, and simple possession will remain illegal until the new Maryland law goes into effect in July 2023. After that time, mere odor of marijuana... Read more »

View More Answers

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: Does State Patrol have training material that states heat bumps on the back of someone's tongue indicate drug use?

If so is this recently recognized by the scientific community as factual information?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 11, 2023

To my knowledge, the answer is "no." The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for New York on
Q: Which states allows to produce hemp cigarettes?

We plan to start a manufacturing plant to make hemp cigarettes and are looking for location now. The product looks like a traditional cigarette, but no tobacco or nicotine. It contains hemp or CBD.

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2023

You may consider starting your research here:

https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2020/01/06/cannabis-confusion-pushes-states-to-ban-smokable-hemp

https://www.ncsl.org/agriculture-and-rural-development/state-industrial-hemp-statutes

1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: Under 21, 1st offense, under 10 grams Marijuana, Maryland, do I need an lawyer?
Scott Scherr
Scott Scherr
answered on Jan 7, 2023

It is a civil citation and not a criminal charge. You cannot be sent to jail. Since you are under 21, the judge can order you to a drug treatment or education program.

An attorney may be better able to raise technical defenses such as insisting the State be able to prove the substance was...
Read more »

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky on
Q: Can you use medical cannabis while on supervised probation in kentucky?

I am a disabled veteran on low level supervised probation for a non drug related offense. With Governor Beshear recently enacting an executive order to where individuals can use medical cannabis in Ky, I have been diagnosed by the VA with 2 of the 21 qualifying conditions allowed in the order and... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 6, 2023

No. You can talk to your probation officer about a waiver if medically necessary.

View More Answers

2 Answers | Asked in Business Formation, Business Law, Cannabis & Marijuana Law and Civil Litigation for Michigan on
Q: Hello I had somebody give me money to start a business that never got off the ground.

Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... Read more »

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 6, 2023

Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement.

The other...
Read more »

View More Answers

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Tennessee on
Q: What to expect with a misdemeanor of 1 and half oz of weed in car?

I was trying to pump gas and cop smelt weed coming from my car so she came up to me as I was trying to leave. Also on my citation she wrote the wrong date

Brandon D. Fersten
Brandon D. Fersten
answered on Dec 28, 2022

Simple possession is a Class A misdemeanor punishable by 11 months and 29 days in the detention facility. Realistically, if you were released on a citation and do not have a criminal history it is likely that you would get probation. However, you do not want to simply plead guilty to the simple... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Child Support for Texas on
Q: My brother has a 110000 bond just want to know if there is a way to get it reduced or to get him reinstated in probation
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 21, 2022

Retain a lawyer. The lawyer can ask for bond reduction and to reinstate probation

2 Answers | Asked in Cannabis & Marijuana Law and Real Estate Law for Florida on
Q: The HOA send me a notice that a neighbor is complaining there is cannabis smell from my balcony. I dont even smoke. Help

What can I respond to this letter?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 20, 2022

here's a sample of what you should say.

Dear HOA,

I received your letter of DATE, in which you state another resident has complained about marijuana smoke from my balcony. I do not smoke marijuana or tobacco, or anything else. The alleged cannabis smell is not coming from my...
Read more »

View More Answers

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for South Carolina on
Q: If I have completed Pti and paid for my expungement, can they still drug test me

I am currently waiting for the completion of my expungement letter to come in but I also have an over the phone appointment with my Pti counselor, so I was wondering if she could ask for a drug test to interfere with anything because I have already taken a delta dummy from the Vape shop and will... Read more »

Casey Brown
Casey Brown
answered on Dec 14, 2022

The typical process is that you complete PTI, then they send a letter to your prosecutor who then dismisses the case. Then you can apply (with a fee) for an expungement of the arrest from your record. Once PTI is completed you should not have any appointments. If PTI has not been completed they can... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Finished deferred adjudication for felony possession of marijuana in a correctional facility in 2016. can i own a gun?
John Cucci Jr.
John Cucci Jr.
answered on Dec 11, 2022

If your original case which was the basis for your deferred adjudication has been dismissed by the court, and you have no other Felony convictions, you are NOT a FELON and therefore have no legal impediment to obtaining a gun.

I am assuming there are no other cases against you and no orders...
Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Florida on
Q: What can I do about a failed workmans comp drug test for prescription medical marijuana?

My husband cut his hand at work. It was very minor. His employer thought it would be a good idea to go to a doctor and file a claim with workmans comp. My husband told his employer he smoked marijuana and had a prescription, they said it was fine so against his better judgement and at the request... Read more »

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Dec 8, 2022

Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for New Jersey on
Q: Hello, I was wondering if I would be able to smoke weed in my car if it is off and parked on the curb next to my house
Leonard R. Boyer
Leonard R. Boyer
answered on Nov 25, 2022

Absolutely not. That is not legal in New Jersey. You need to do it in your garage if you have legally purchased the Marijuana. But if you are looking for trouble, which I presume you are not, then do not do it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.