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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: I’m working in cannabis delivery. They did not pay me to train couriers they said they will give me bonus if I train.

I’m not a lead they just ask me to help them out and told me to give bonus but they did not give me bonus. I trained few people but nothing. Can I file a lawsuit? How much can I get if I did?

Brad S Kane
Brad S Kane
answered on Oct 8, 2021

While the promise to give you a bonus to train people is probably to vague to be enforced, you should be entitled to be paid for all hours worked, including the time you trained the other couriers. Unless you worked more than 8 hours total on that day or days, you would be entitled to pay at your... View More

1 Answer | Asked in Cannabis & Marijuana Law, Child Support and Divorce for Oregon on
Q: My fiancé’s ex wife is growing pot illegally and not reporting earnings to IRS in Oregon. We are paying child support…

He has 2 kids; one lives with us full time and the other stayed with his mother and just turned 18. He moved out and is still in HS living with friend in Portland. The mother grows pot illegally in southern Oregon and the younger son living with us doesn’t want to be there. She was unemployed... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 28, 2021

A court has authority to modify a child support order when there has been a substantial change in economic circumstances that was not anticipated at the time of the original judgment. To determine one's income, the court considers both actual and potential income. “Actual income” means... View More

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: Can I get fired for failing a drug test even though I have my medical card and they hired me back at another location

I’m legally disabled since a young age and they’ve been telling me I might be able to get hired back for days now and they updated there policy but I’m left hanging not knowing what’s going on. I’ve missed 7days of work so far. And I have to start work at another location. They said I... View More

Nicholas P. Weiss
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answered on Sep 25, 2021

Ohio employers are allowed to terminate or discipline employees for the lawful use of medical marijuana. It is entirely at the employer's discretion.

1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Cannabis & Marijuana Law for Michigan on
Q: What can be done if a judge in MI is ignoring the court of appeals decision that allows mmj patients to use on probation

My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... View More

Brent T. Geers
Brent T. Geers
answered on Sep 23, 2021

That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.

While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial...
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1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: In a state where cannabis is legal is it legal to mail THC vape cartridges to another state where cannabis is legal?
Aaron A. Pelley
PREMIUM
Aaron A. Pelley
answered on Sep 19, 2021

It is still Federally illegal to ship cannabis or transport it across state lines. Or possess cannabis. Or anything with cannabis. Still all federally illegal. All of it.

The reason this is more of a problem is because you are would be using a Federal service (United States Post Office) to...
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1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Illinois on
Q: I want to start a cannabis business but licensing is too expensive in Illinois, how legal is it to sell cannabis clones

What is a Cannabis clone? A cannabis plant that is a genetic copy of the mother plant. When obtained from a reputable breeder, a clone is a young female cannabis plant with stable genetics. Growers typically select to raise clones instead of seeds when they would rather not risk getting a plant... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

No, it would not be legal as the State of Illinois requires a very strict licensing, regulation, and eligibility for any cannabis and its derivatives operation in the state.

Besides, such operation does not qualify as a Sec. 503 non-for profit entity as it would be geared towards profit...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: can you be prosecuted for trying an illegal substance once (one mushroom) in the past even without physical evidence

i did it a long time ago and only now has anyone heard of it so now i am being threatened with prosecution without physical evidence.

Andrew Popp
Andrew Popp
answered on Sep 9, 2021

Doing drugs is technically not a crime. Possession of the drug is a crime. That being said, if you were on some type of probation etc. that prohibited the use of any drugs then that could stand. Whether or not the prosecutor can prove that you had possession of a controlled substance or if you... View More

1 Answer | Asked in Cannabis & Marijuana Law for West Virginia on
Q: Do I need a permit to sell cannabis out a vending machine or does the location where machine will be need the permit?

I am trying to start a cannabis vending machine business and need need to know if I need to get a permit to sell out of each machine and does the place of business need a permit also?

Aaron A. Pelley
PREMIUM
Aaron A. Pelley
answered on Aug 27, 2021

I think there are a few states that a vending machine could work. However, in most states, recreational or medical, regulations favor that a human check the customers I.D. (for recreational use) or their authorization to use cannabis (medical use) and confirm the person purchasing the product is... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Can I ask to see the evidence on my first court appearance?

The officer claims he found 6 roaches in my floor board, however I asked to see WHAT he found but he only explained WHERE he found them. I know for sure I vacuumed my vehicle out the previous day.

Joshua Schiffer
Joshua Schiffer
answered on Aug 26, 2021

Not really as First Appearance is VERY limited in scope. You get to see the charges as presented to the court through the initial warrant or UTC. They check your criminal history, confirm some stuff, and can set a bond on many charges (not all). There is not a place for you to contest anything... View More

1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: I got intoxicated in the restaurant during working hours with a chocolate that had 500 mg of marijuana "Thc"

Who have to pay the hospital?

Dan Nold
Dan Nold
answered on Aug 24, 2021

If you voluntarily took THC, you.

If you were somehow involuntarily intoxicated and can prove somebody intentionally caused this or a restaurant negligently allowed this to happen, you might have a claim.

The claim would be limited to actual damages suffered.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: In Oklahoma if you’re on probation can you still have your medical marijuana card?
Tracy Tiernan
Tracy Tiernan
answered on Aug 13, 2021

There is not one answer as it differs from County to County, and Judge to Judge. There are instances where all judges will allow medical marijuana use during probation except for one.

1 Answer | Asked in Cannabis & Marijuana Law for Oregon on
Q: Is selling cannabis seeds as souvenirs or a means to preserve genetics illegal? What about giving them away?
Caleb R. Stiles
Caleb R. Stiles
answered on Aug 12, 2021

Most states regulate seeds adjacently to their actual medicinal or recreational marijuana programs. You will need to consult the agricultural laws or agencies in your state to determine whether the sale of cannabis seeds has been directly promulgated or provided for in your state.

Because...
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Q: Can I be put on 6 months misdemeanor probation with $600 fine for poss of marijuana when it was less than a gram (.2g)

I was a passenger in a car. We were initially stopped by 2 city officers for the window tint. We're were immediately pulled out of the vehicle and searched. I had to tiny pieces of weed in my pocket. Not even a gram .2 grams to be exact. I plead not guilty. The judge set me a court date. Once... View More

Arthur Calderon
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Arthur Calderon
answered on Aug 10, 2021

They can if you ended up pleaded guilty or were found guilty by the court. The good news, though, is that at the of this the 6 months, your record will be expunged and it will not even show up on your record. The bad news is that you only get one bite at the apple when it comes to getting... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: I have an inmate in Tennessee that needs to clear a case in Pennsylvania. Please advise me what I should tell her
Cayley Turrin
PREMIUM
Cayley Turrin
answered on Aug 3, 2021

Hire a PA attorney to deal with the PA case.

2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Alabama on
Q: My car was impounded in a residential parking lot parked, and the person that was sitting in the car was arrested.

He was “ high” and the keys was in reach of the person sitting. So they impounded my vehicle because he sitting in it this is in Tuscumbia, Alabama

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 3, 2021

I am not sure exactly what your question is, if you reply and clarify I would be glad to answer. I assume your question is about how to get your car back. If you know which law enforcement agency impounded the vehicle you can call and see if they will give you release instructions. If you do not... View More

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1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: if you get caught legally with the possession of marijuana, can you still get your license at 16 and 9 months? (not me)

i don’t need legal help that questions was for a friend.

Mark Oakley
Mark Oakley
answered on Jul 28, 2021

Criminal charges not related to the operation of a motor vehicle, and civil citations for possession of under 10 grams of marijuana, have no impact on the ability to apply for or obtain a license or provisional license to drive.

1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can you be arrested in airport for transport of marijuana without the police showing you any evidence of marijuana?

Police arrested me and stated that they got marijuana out of my checked back in Sacramento. I never gave a statement. They never show me they had marijuana from my bag. They didn't show me anything.

Louis George Fazzi
Louis George Fazzi
answered on Jul 28, 2021

This is the legal forum for California residents. You need to post your question for lawyers in your state, or in the state where the events took place.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: our lawyer said could only was revoke BF;s bond all his missed court dates due to not being released we dont understand

I don't know the specifics of the cases what I do know is that IN 2019 my boyfriend was charged with a thc vs in Freestone County He was given the option 8 years probation or 10 years, He failed a UA in 2020 for weed and was arrested for a revocation, HIs lawyer bonded him out and came back... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 26, 2021

Criminal defense attorneys are not technically required to talk to anyone but the defendant. Cheap or court-appointed attorneys are often too busy to talk to the defendant's loved ones. You could hire a better attorney to replace the existing attorney and perhaps get better customer service... View More

1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: Would I be able to purchase a firearm in the state of florida once my medical marijuana card expires?

I already have my concealed weapon license but thinking of getting a MM card for my issues. Would i be barred from purchasing a firearm even after my mm card expires and i am clean?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2021

To my knowledge, having a medical marijuana card doesn't prevent you from buying a firearm. A similar question was asked here a few weeks ago, and that is what I also answered then.

1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Mississippi on
Q: Can a cop pull someone over because it appears they have no seatbelt, then give tickets for marijuana and paraphernalia?

Someone I know got pulled over for appearing to have no seatbelt, when they had one on the whole time. After being pulled over, the cop smelled marijuana and the person was honest and showed him, he had 2.5 grams and also the pipe he hit it out of. The cop issued 2 tickets, in pencil, possession of... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 21, 2021

Likely not, unless it is absolutely established that the officer was lying. Typically, an officer can pull someone over for any traffic violation or perceived traffic violation. Afterwards, such as in a situation like this, if a person volunteers information about possessing a controlled substance,... View More

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