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Cannabis & Marijuana Law Questions & Answers
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

4 Answers | Asked in Criminal Law, Employment Law, Personal Injury and Cannabis & Marijuana Law for New York on
Q: Coworker knowingly drugged coworker at work and boss is trying to sweep it under the rug

Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More

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Q: Filed a 1983 civil rights claim in Mississippi while incarcerated and need help with what I have to do with judges order
James L. Arrasmith
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answered on Jun 17, 2024

When you receive a judge's order regarding your 1983 civil rights claim, the first step is to read the order carefully and understand what is being asked of you. Pay attention to any deadlines or specific actions you must take, as missing these could negatively impact your case.

If the...
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1 Answer | Asked in Business Formation and Cannabis & Marijuana Law for Illinois on
Q: Can a person start a small thc edibles business in Illinois?

Is it possible for a person to have a legal business similar to a cottage food license in Illinois for selling edibles containing THC?

Jennifer Newton
Jennifer Newton
answered on Jun 8, 2024

Starting a THC edibles business in Illinois requires obtaining an infuser license from the Illinois Department of Financial and Professional Regulation (IDFPR). THC edibles cannot be produced under a cottage food license due to stricter regulations. Compliance involves ensuring product testing,... View More

1 Answer | Asked in Cannabis & Marijuana Law and Gov & Administrative Law for Missouri on
Q: How long does it take to obtain a personal cultivation card?

What do I have to do to get one

James L. Arrasmith
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answered on Jun 5, 2024

Obtaining a personal cultivation card usually takes a few weeks, but the exact time can vary depending on your location and the specific requirements of your state's program. You should start by researching your state's laws and regulations regarding personal cultivation cards.

To...
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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: Can I grow marijuana while on parole

I'm asking because my p.o has Threaten to put me back on a 90 day violation for smoking (street weed) thas pot that's not from a dispensary.

And now on top of that, she wants me to do MRT

And my insurance won't cover it. And she told me. I'm ether gonna pay... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 3, 2024

You need to follow your conditions of supervised release. If supervised release requires sobriety, you need to remain sober. If you have a prescription for medical marijuana, then you need to get your pot from a dispensary. I'm not sure why she is requiring you to do MRT, but you are likely... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: how to remove current public records of felony marijuana conviction that was sealed in 1975?

I was convicted by guilty plea for felony possession of marijuana in 1975. After serving probation, my attorney got a court order saying the guilty plea was allowed to be withdrawn, and the indictment was dismissed and stricken from the docket. Also it says I was released from all penalties... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2024

The answer depends on what you mean by sealed. If there is a court order saying that your conviction should be purged from the public records, you can file in-court to have that order executed and force the reporting agency to remove it.

Otherwise, I would need to see the paperwork which is...
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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Yes, I would like to know how to I go about helping find a pro bono lawyer in East Texas for possession of marijuana,

Less than 2 ounces in a drug free zone

John Michael Frick
John Michael Frick
answered on May 9, 2024

Generally speaking, lawyers do not take criminal cases like this on a pro bono basis because indigent defendants are entitled to a court-appointed defense attorney. If you are not indigent, an attorney who is not a relative or close friend of yours most likely will not take such a case on a pro... View More

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1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: In Carmichael, California, it is illegal to grow weed outdoors, is a greenhouse considered indoors or outdoors

Temporary structure.

James L. Arrasmith
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answered on May 2, 2024

In Carmichael, California, the legal status of growing cannabis in a greenhouse would likely depend on the specific design and characteristics of the greenhouse structure. Here are a few key considerations:

1. Permanent vs. temporary structure: If the greenhouse is a permanent, fixed...
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1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Adoption for Ohio on
Q: Will having a medical card put you at risk of losing your kids to the non-custodial parent if he wanted to use that?

If my ex wanted to use my medical card in Ohio against me, could he despite not having parental rights and my husband having adopted my children?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

He is not the non-custodial parent if your spouse adopted the kids. He is not a parent at all. It would be basically impossible for him to obtain parental rights by attempting to utilize your use of medical marijuana in a custody dispute.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Landlord - Tenant for California on
Q: We are a couple we lived with landlord . We let a sick friend stay over in a spare room. He made wax without us knowing

The house blew up my girl wS burned I wasn't. We had no idea , he ran now DA 4 months later charge us , homeowner wrote letters that we didn't do it. We didn't. They want us to lose our home, jobs, everything and come to California now. Help please . It wasn't even our room... View More

James L. Arrasmith
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answered on Mar 28, 2024

In California, facing charges related to an incident you were unaware of is a serious matter that demands immediate attention. The fact that the homeowner has provided letters stating your lack of involvement could be beneficial. It's crucial to gather any evidence that supports your claim of... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Florida on
Q: did observation of a marijuana grinding device warrant a legal search of driver and vehicle after examining med card

I was pulled over for window tint violation in Florida. One officer ran my licence and another observed a pot grinder through my passenger window. After asking if I had a medical marijuana license and was told yes and producing the card for his evaluation I was removed from vehicle and searched... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Florida, the observation of a marijuana grinder in your vehicle by law enforcement could potentially give rise to reasonable suspicion or probable cause, especially if marijuana use is not legalized for recreational purposes. The fact that you presented a medical marijuana card could mitigate... View More

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