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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Texas on
Q: What motions and forms do I need to e-file on a 481.121(b)(1) charge in Montgomery county Texas...

I am not guilty, I had no knowledge of the marijuana being in my vehicle, and I denied the police permission to search my vehicle. I want to get my case dismissed.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2021

Getting a dismissal in a case like this isn't about filing motions and forms. The most likely path to dismissal will require a suppression hearing, the success of which is likely to depend on legal technicalities regarding the stop, the search, the arrest, and the transition from a traffic... Read more »

2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for California on
Q: Vc 23215f. The officer smeeled marijauna and with no FST forced a blood test ? Now what?

I answered no questions and with my balance problems sobriety checks make me appear intox so i dod not give them,that evidence. Any advice it would be most helpful

John Karas
John Karas answered on Jun 28, 2021

Hire a skilled and experienced criminal defense attorney.

Drug related DUI's are more difficult for the DA to prosecute because there are no set standards regarding the level of the MJ in your system for a presumption that you were under the influence unlike alcohol related DUI's (.08).

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1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: DA says no medical Marijuana for probationees..do probation conditions out rule state law?

I am on probation and have had my medical Marijuana card for a year but District attorney says no more. It's against probation rules to violate federal law which Marijuana does. Can they do that when it is medical and state says I can?

Charles Watts
Charles Watts answered on Jun 21, 2021

The medicinal marijuana is a license granted by the state just like a driver license and can be revoked. Your probation officer is correct that it is still federally prohibited and thus would be violation of payroll because in that condition you are to not violate any laws not just state. He/she is... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Maine on
Q: i have a situation that above me another tenant is doing drugs and pot,and it has made me sick and my cat sick

i did call M.P.D. and they came and tried to get her to talk,she didn't answer and i could hear her above me,i tried the landlord to do something,it has made me sick and my cat,what can i do?

Fred Bopp III
Fred Bopp III answered on Jun 9, 2021

I do not know what "M.P.D." means. I would suggest you report this conduct to your local law enforcement agency and see what they can do for you. You could also report it to the town code enforcement officer or other appropriate official. Here is a link to some more information:... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I have been charged with simple possession of weed, and poss unlaw drug paraphernalia uses & activities. What can I do?

It’s a possession got 4.3 grams of weed. I’m also on a F-1 student visa.

Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2021

Hire a competent attorney to represent you. Convictions will probably mean deportation.

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Georgia on
Q: I have a DUI and a marijuana charge I have an arraignment tomorrow I don't have a lawyer so how should I plead.
Sam McRae
Sam McRae answered on Jun 9, 2021

Depending on the court, you may be able to ask for more time to consult an attorney. If you qualify, you may consider applying for a public defender. Don't wait to consult an attorney on your case because certain deadlines will begin passing and put you in a disadvantageous position.

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Municipal Law for Texas on
Q: my son was a passenger i a car that was stopped by frisco pd they asked them if they had anything in the car they said

they said no the cop said he sees and nugget of weed and that since they lied they nhad to search the car that was in the drivers sister name with insurance they driver is leagal to drive they search the car finds a glock 19 and some marijuana upon release they tell my son that his phones have been... Read more »

Grant St Julian III
Grant St Julian III answered on Jun 9, 2021

If contraband is in plain view of an officer, then that officer has probable cause to b perform a search. I cannot comment on why the officer seized cell phones. Your son should meet with a lawyer; I can't comment on the relationship you have with your son, but in my experience, what he... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Pennsylvania on
Q: Could I get a medical marijuana card for myself in Pennsylvania, if my husband has guns in our home?

I have no guns registered in my name.

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

There would be nothing to prohibit that.

1 Answer | Asked in Cannabis & Marijuana Law for Arkansas on
Q: Had about 5 or 6 grams of cannabis & an open liquor bottle. Are either of those proper possessions of crime?

Got pulled over for speeding on high way. Searched the vehicle after I admitted to where the small amount of cannabis was and he charged me with that and the liquor bottle as possessions of crime

Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 4, 2021

Arkansas Code Annotated § 5-71-218 specifically addresses the criminal offense of "possession of an open container containing alcohol in a motor vehicle." Since your question doesn't provide enough factual details to compare the situation to the statute, it is difficult to state... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Louisiana on
Q: Can a search warrant be issued for a house that one is not listed as an occupant
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 26, 2021

Yes, if law enforcement has probable case to believe the target is staying there. For instance a boy friend who regularly stays at his girl friend's home.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: 17 year old girl had 2 bags of candy endables and they were found at school in her book bag.do we need a lawyer bc the

School said they are only charging her with possession now it was turned over to the school officer and he said he is only charging for possession

Tom Murphy
Tom Murphy answered on May 25, 2021

She is charged with a crime. The state will automatically assign her an attorney from the Public Defender's office. You can hire your own attorney if you want.

2 Answers | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Is it legal for a state trooper to search a locked glovebox? He said he was going to “bust it open” if I didn’t give key

I was pulled over for failure to display my front license plate - upon stop trooper asked if I smoked weed I said yes pointed to my pipe - then got out to get a leash from the trunk for my dog so he could search my car - I didn’t really give permission he just already was on it - so after... Read more »

Grant St Julian III
Grant St Julian III answered on May 11, 2021

Once the admission of possession of an illegal substance was made, the officer had a legal right to search your car. Whether the officer was going to "bust up" your car or impound your vehicle to perform an inventory search is speculation. Call your lawyer. Good luck.

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Cannabis & Marijuana Law for California on
Q: If a business with legal product sell or delivers to customers who uses it for illegal activity, is that aiding & abedd?

Business and it's products are completely legal. The product I sell is firewood and water from a ground well that has water rights. Most customers use this on properties that are large MJ grows illegal by county ordinance but also used for housing among the same properties

John Karas
John Karas answered on May 10, 2021

It depends on the nature of the product, by whom it's used and for what purpose.

For example, you posted this question under several categories including Cannabis & MJ law. MJ is now legal for persons over the age of 18. However, if you sold/ delivered MJ to a minor (under 18)...
Read more »

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2 Answers | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Arkansas on
Q: Got hurt at work I am a medical marijuana patient can I get fired
Chris W. Burks
Chris W. Burks answered on May 8, 2021

Thanks and you cannot be fired simply for being a medical marijuana patient if you are in a position that hasn’t been designated as safety sensitive. In other words, if the type of job you do hasn’t been listed in writing as no medical marijuana because it is safety sensitive, an employer... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for California on
Q: My husband was arriving in 11/18 I hired a lawyer he did not help my husband he wanted him to plea guilty,

What options does he have,he was assaulted by the arresting officer

Dale S. Gribow
Dale S. Gribow answered on May 5, 2021

MUCH MORE INFO NEEDED.

IS 11/18 .......2018?

BECAUSE YOU HIRE A LAWYER DOESN'T MEAN YOU WILL GET OFF FROM THE CHARGES. A LAWYER FORCES THE DA TO MEET THEIR BURDEN OF PROOF. WHETHER THE CLIENT DID THE ACT OR NOT IS NOT THE ISSUE. IT IS WHETHER THERE IS ENOUGH EVIDENCE TO...
Read more »

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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: In illinois can a potential employer not hire you for failing a urine test for thc on premeployment drug test

The job is non-federal non-state and non-union.

Dan Nold
Dan Nold answered on May 3, 2021

Private employers have a lot more leeway with things like this. Unfortunately, weed smokers are not a protected class when it comes to discrimination. And employers have the right to decide, as long as they are not using discriminatory practices, on how to hire their employees. Maybe the... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for New York on
Q: 3rd time asking, no replies yet. Have expunged marijuana coviction. What do I answer when asked "ever been convicted?"
Benjamin Ostrer
Benjamin Ostrer answered on May 3, 2021

You can truthfully answer that you have not been convicted if your disposition was expunged. However, there are applications such as a pistol permit and certain employment where the permit officer or HR office should be consulted. Some require disclosure of all cases even those that were... Read more »

1 Answer | Asked in Real Estate Law, Cannabis & Marijuana Law and Landlord - Tenant for Colorado on
Q: How do I protect my house from a squatter?

I have a squatter in my house invited by my daughter-in-law who is growing marijuana in their bedroom. They have changed the locks and installed a deadbolt without consulting me, the owner. It is in a tent with lights and a fan hooked to a extension cord and I'm worried about a fire while... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2021

Outside of cutting off utilities, you will need a competent attorney to file an Eviction Suit to remove the unwanted occupant. It will not be fun and your house will be damaged. You might open the door with a crowbar and remove contraband. But again hire an attorney. It may be necessary to evict... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: A Potential Witness or Person of interest Has or Had Previously been Romantic involved with the Defendant

An is a key Witness in his or her Case, An is ask too be called on too TESTIFY in it! What's is that called...

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

When an attorney wants a court order for a witness to testify they get a "subpoena" and if they want the person to bring documents or other evidence it is called a "subpoena duces tecum."

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