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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky on
Q: How many years is a misdemeanor marijuana trafficking charge “enhanceable” in ky

Trying to have record expunged

Timothy Denison
Timothy Denison
answered on Dec 8, 2021

Five (5) years.

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for California on
Q: How to respond to an Entry of Default?
Julie King
Julie King
answered on Dec 1, 2021

If you don't know what to do, you should go to the self-help center of your local courthouse or, if there is none, hire a litigation attorney. Getting a litigator to help you is clearly the best route because you are already behind the eight ball, as they say. Do not delay. This is VERY... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I was pulled over in PA with marijuana and paraphernalia. What charges am I facing?

I was pulled over for registration being expired, the cop said he smelled weed and then searched my car after telling me if I don’t consent he would make me wait for a drug unit dog to come in. He found 8grams of weed, .5 grams of wax and some paraphernalia. ( I have me medical card for... View More

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

Likely possession of both marijuana and paraphernalia. Depending on other circumstances, you could be facing additional charges. I suggest retaining an attorney to assist you and ensure any potential pentolites are kept at a minimum.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Municipal Law for South Carolina on
Q: Is there a statue of limitations for simple possession in SC?

The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... View More

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 21, 2021

Is there a statue of limitations for simple possession in SC?

No. There are no statutes of limitations on criminal offenses in South Carolina.

Can they really come back to the house and arrest me?

Yes. In South Carolina we have two types of possession, constructive and...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Maryland on
Q: Appealing judge’s decision, how do I prep for court?

I received a citation for possession of a substance and I am now appealing the Judge’s decision. How do I prep for court?

Mark Oakley
Mark Oakley
answered on Nov 17, 2021

You hire a lawyer. A lawyer is trained in the law, and a criminal defense attorney is specifically trained in preparing, arguing and defending criminal cases. You are not. An open-ended question like yours is the equivalent of asking how do you perform a surgical procedure on yourself. Lawyers... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: So I currently have a charge for simple possession and paraphernalia and was wondering what punishment I'd receive

In the state of Tennessee

No prior charges

Anthony M. Avery
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answered on Nov 8, 2021

You did not say what contraband is involved. But many Misdemeanors involve a possible 11 month, 29 day Sentence. Meth requires at least 30 days in Jail. Hire an attorney to seek Diversion, Dismissal and Expungement.

1 Answer | Asked in Immigration Law, Cannabis & Marijuana Law, Child Custody and Child Support for Texas on
Q: Probono lawyer.
Kyndra L Mulder
Kyndra L Mulder
answered on Nov 8, 2021

Your local USCIS office and Immigration Court will have a list of pro bono or minimal fee attorneys.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Traffic Tickets for Arkansas on
Q: Possession of marijuana in van buren Arkansas!
W. Whitfield Hyman
W. Whitfield Hyman
answered on Nov 4, 2021

You didn’t post the question

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for New York on
Q: How does the process for pre-employment drug screening work with marijuana for remote work positions?

I received a offer from United Health Group and the preemployment process has a standard drug screening which includes marijuana. I reside in NYS. Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?

V. Jonas Urba
V. Jonas Urba
answered on Oct 31, 2021

No more Cannabis testing in New York except in special circumstances. See this link:

https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed

Apply for the job honestly. Complete all questionnaires, etc... honestly....
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2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Civil Rights for Illinois on
Q: In Illinois, would finding less than 5grams of marijuana on person be considered probable cause to search vehicle?

Pulled over for license plate light and came back clean when running license. Pulls me out of car, and I had .5g or less and he said that gave him probable cause to search. It's not illegal to be in possession of marijuana in Illinois so why would that give him probable cause? I believe my... View More

Dan Nold
Dan Nold
answered on Oct 25, 2021

It’s illegal to possess marijuana in a vehicle unless it is basically in store packaging. So the search was probably legal. You should have an attorney evaluate the evidence for potential motions or to negotiate on your behalf.

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2 Answers | Asked in Cannabis & Marijuana Law for Illinois on
Q: In Illinois where marijuana is legalized, can a Court take that right away from you?

Wouldn't it be considered taking away a civil liberty by denying what the law allows?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

Marijuana use is not a constitutional right, it is a controlled substance, just like tobacco, alcohol, etc. Thus, the state under its legal mandate may regulate their use in court cases where use of alcohol and controlled substances will be limited (DUI dispositions, etc.) during supervision,... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: I had a misdemeanor possession of marijuana arrest in 1972. Sentence was deferred and completed successfully.

Record was expunged and sealed. I'm trying to get arrest and/or court records now but the arresting agency and county clerk of the court have no records. The arrest still shows up on my national background check but without any related charges or court decisions. How can I get that info?

Tracy Tiernan
Tracy Tiernan
answered on Oct 21, 2021

That was a long time ago. I’m guessing you might have trouble locating your attorney but that’s always the first place to start. There are different types of expungements under Oklahoma statutory law. Sounds like maybe you only took the expungement granted by the Court (Judge) but might not... View More

1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law and Car Accidents for Washington on
Q: Can an opposing party sue my family if I where to get into an accident because I have THC in my system?

I am 18 and have my medical marijuana card. I live in the state Washington. My parents claim that if I were to get into an accident since I would have THC in my system the opposing party could sue my family. Keep in mind I never drive under the influence. I am under there car insurance as well. Is... View More

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2021

A Washington attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney for the most accurate state rules, in many jurisdictions, the claimant will usually go after the vehicle operator and the owner. Those two parties are generally... View More

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: Is it legal in Oklahoma to smoke marijuana in front of minors?

I know a family that I’ve been told is doing this.

I don’t have personal knowledge, but I’m concerned.

Charles Watts
Charles Watts
answered on Oct 17, 2021

With the passing of medicinal marijuana this question becomes very interesting. A medical user can use anywhere that smoking is permitted. (In other words can’t smoke indoors where smoking of cigarettes would be prohibited)

Additionally, there are minors who also have medicinal marijuana...
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1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: My puppy ate my roommates weed and now she’s asking for the report, is this legal?

My 3 month old puppy ate some of my roommates weed and had to have an emergency visit. She is now asking for the vet records because she claims “I am creating false accusations”. She is not planning on doing anything legal with this, however she wants proof of the report saying weed was in my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 17, 2021

Is it "legal" for her to request the records? Yes. Do you have to comply? No.

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: Can you smoke weed on probation in michigan with a legal medical marijuanna card
Brent T. Geers
Brent T. Geers
answered on Oct 15, 2021

Legally? Possibly. I still would not advise you do it though, as you might raise more attention for yourself then you need right now.

1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... View More

Charles Watts
Charles Watts
answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... View More

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Ohio on
Q: Can I fight a DUI when I passed the breathalyzer but failed a blood test for marijuana?

I'm a resident of Ohio but was texting while driving in West Virginia which caused me to swerve and cross left of center. I explained this to the officer but he insisted I was intoxicated. I asked to take the breathalyzer several times but was refused. I also explained that due to previous... View More

Andrew Popp
Andrew Popp
answered on Oct 12, 2021

If the offense occurred in WV, then you need a WV attorney. Whether or not you have any legal defenses is a complex question and requires a detailed analysis of the entirety of the situation. In short, you need to find a way to obtain an attorney. Maybe readdress your financial situation with... View More

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: I live on 80 acres in the middle of the Hiawatha National forest with no neighbors in very rural Upper Peninsula.

Property is heavily wooded, house and pole barn are 1000 ft off the road and only driveway in is gated. Do I still have to have my 12 marijuana plants in a locked facility outside?

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

Check with a local attorney to be sure but I am unaware of any exception to that rule.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Michigan on
Q: Can I use medical marijuana on bond?

I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.

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