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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Mississippi on
Q: What would happen if someone is under 21 and has weed?

How much jail time are you looking at?

Arthur Calderon
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Arthur Calderon
answered on May 13, 2022

Even though they are under 21, they could still be facing some jail time; however, it always depends on the circumstances, like the amount of weed, circumstances of the person having the weed, etc. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Cannabis & Marijuana Law for Maryland on
Q: My uncle is the executor of my parents will she is refusing to give me my trust and won't contact me

She is the executor of the will saying he will donate and not give to me I really need help and I really need help getting my trust cuz my uncle is trying to keep it from me and I don't know what to do

Richard Sternberg
Richard Sternberg
answered on May 8, 2022

There is no reasonable way to evaluate your position without reviewing the trust document to determine the trust instructions and, potentially, formation issues and breaches of fiduciary duties. Schedule a consult with a qualified lawyer.

1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: the state of Minnesota is the smell of weed in a home probable cause to get a warrant to search it?
Thomas C Gallagher
Thomas C Gallagher
answered on May 4, 2022

It shouldn't be. now that hemp flower is legal, and now that medical cannabis patients can lawfully smoke cannabis flower in their home. But, some law enforcement officers and some judges may not be up to date. So, it's probably a good idea to be careful about that.

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Oklahoma on
Q: I have a first offense dui, I am in Cleveland county Oklahoma, am I allowed to continue using OMMA medical card?

My Dui was under alcohol and had nothing to do with drugs.

Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2022

The freedom to use one’s medical marijuana cards to ingest medical marijuana while someone is on any type of criminal probation in the city or County courthouses throughout the state of Oklahoma is a confusing mess.

Well many probation officers and Judges DO allow the use of medical...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: I’m about to begin diversion for a non drug related offense in AZ and will be drug tested. Can I use medical marijuana?

I was instructed to not use “illegal” drugs, however marijuana is legal in the state of Arizona.

Brian C. Soto
Brian C. Soto
answered on Apr 14, 2022

Short answer, yes; you can use your prescribed marijuana.

In REED KALIHER v. State of Arizona, the Arizona Supreme Court held, AMMA bars courts from imposing a probation condition prohibiting the use of medical marijuana pursuant to AMMA.

While this case dealt specifically with...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Missouri on
Q: I'm in the process of getting my medical marijuana card. Can I still possess and own a fireaem if I get my medical card

I know I won't be able to purchase a firearm if the seller does a federal background check. If I do get my card, would I have to turn my firearms over?

David Casey
David Casey
answered on Apr 13, 2022

As of now, one who has a medical marijuana card in Missouri cannot purchase or own a firearm. This is not due to Missouri law, but rather the fact that cannabis is still federally classified a controlled substance This is a quickly-changing area of the law as there is pending federal legislation... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for Florida on
Q: Can I obtain legal council pro bono I’m so not have a job or any money since being released from prison a year ago

I have a co defendant that is incarcerated for the charges of possession of cannabis greater than 20 grams

It is said that I have charges coming against me for sales of meth months prior

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2022

If you are charged with a crime and cannot afford a private attorney, the Court will likely appoint an attorney to represent you at no cost to you. If you are seeking advice about your situation though not yet charged with anything, call criminal defense attorneys in your area, and you will... Read more »

2 Answers | Asked in Contracts, Employment Law and Cannabis & Marijuana Law for California on
Q: Asked to sign a lease on a car to be a courier by my employer said he would make the payments and pay 125 on insurance

Received lease and it makes me responsible for the monthly payments and insurance and a monthly maintenance fee of .10 a mile. And asked me to pay 250.deposit and 99.00 transfer fee due at signing and he would pay registration but bill me at the end of the year no where does it say he will make the... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2022

Your employer has the legal duty to pay for any expenses you incur on behalf of your employer. However, the procedure used by your employer is very sketchy and could leave you exposed to lease payments, and other expenses associated with ownership of the vehicle, after your employment ends. As... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law and Child Custody for Arizona on
Q: Will my children be taken away if I use marijuana while pregnant?

Dcs got involved after I tested positive for thc with my first pregnancy but Arizona has since legalized marijuana. Additionally, I suffer from chronic pain due to nerve damage and can’t take my other medications while pregnant.

Stephen M Vincent
Stephen M Vincent
answered on Mar 14, 2022

Yes, absolutely they will take away your children if you smoke marijuana while pregnant. It's not an issue of whether it's legal--the issue is that it's dangerous for the child.

Use of marijuana while pregnant can cause a variety of problems, including restrict your...
Read more »

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: I was false accused of having Tabacco in the state of texas

So this guy I was near was vaping in school and he moved his hand near my and I moved his away and my school principal thought I was passing him a vape and they are sending both of us to court

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 12, 2022

Retain a lawyer to assist you, Your friend could also tell the truth and help you out . If it is on video your pricipal shoud replay it on slow and pause it,

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Legal Malpractice for Arizona on
Q: If I and two others are arrested and I ask for a disclosure is it not my right to have the entire disclosure

By entire I mean audio and visual from statements given by each person arrested with me that is mentioned in the disclosure.

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

You're entitled to basic disclosure and anything that may be exculpatory in nature. Including statements made by co-defendants. Your attorney needs to ask for everything.

1 Answer | Asked in Cannabis & Marijuana Law for Idaho on
Q: Does Idaho test all newborns at birth for marijuana without having permission from the parents? Is that even legal??
Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

No, Idaho does NOT test all infants born, only those born to mothers whom they have reason to believe, were under the influence during their pregnancy, such as admissions by the mother etc. It is NOT legal for LE to test infants for controlled substances, without probable cause to believe the... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: Can I use marijuana as a promotional item in states where recreational marijuana is legal? Adults only

Example, buy a combo meal and get a free joint

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2022

You would need to inquire with each state you propose to operate in. Generally though, you can't give away controlled substances or alcohol.

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: Will I be able to to deliver for doordash/ubereats because of a misdemenor?

.

Brent T. Geers
Brent T. Geers
answered on Feb 25, 2022

I don't see why not. Depends on the misdemeanor, I would guess.

1 Answer | Asked in Native American Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can a city cop conduct a traffic stop and search the vehicle of a tribal member on tribal land?

He said he had probable cause but they all say that and that he was allowed to search the vehicle. He found a bowl worth of marijuana and threatened me with a felony cause he told me since I'm a tribal member on tribal land it's a felony to have marijuana

Charles Watts
Charles Watts
answered on Feb 22, 2022

It depends on the agencies. There are agencies that are cross-commissioned which means the “city” cop may also be a tribal cop as well.

2 Answers | Asked in Cannabis & Marijuana Law and Traffic Tickets for Kentucky on
Q: I was recently pulled over for crossing the line and was found with a small amount of marijuana and drug paraphernalia.

This is my first offense and have never been pulled over prior. I was released after passing a sobriety test. Will my insurance be notified of the traffic violation before I have to show up for my court date and if the charges are dropped will my insurance still be notified? What are the chances my... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 10, 2022

As a first time Offender you should be eligible for a marijuana education class and be allowed to have the drug charges eventually dismissed. As far as insurance there’s no way to know when and if A company will run a random check on you. I would recommend hiring an experienced criminal defense... Read more »

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2 Answers | Asked in Contracts, Business Law and Cannabis & Marijuana Law for California on
Q: have lease agreement for weed cultivation license. Bureau of canna control said subletting is illegal Is contract void?

I was unable to move forward with business and now owner claims I still owe him for the remainder of the contract. Does he have any grounds to come after me or can I walk away?

Scott Wilsdon
Scott Wilsdon
answered on Feb 7, 2022

I agree with the advice already given about the importance of sitting down with a lawyer to review your agreement. The only additional point I would make is that current regulations governing licensed cannabis operations prohibit subletting. (Cal. Code Regs. Title 4, Section 15000.4; effective... Read more »

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: What does revocation was dismissed mean?
John Cucci Jr.
John Cucci Jr.
answered on Feb 5, 2022

From the very limited info given, I must assume there was a Petition to revoke your probation. Once the State files a Petition to revoke your probation, the court can hold the hearing, allow a deal between the DA and the Defendant, or dismiss the petition and thus, dismiss the case.

Parole...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Utah on
Q: I was pulled over for speeding in Utah. I am being charged with possession of marijuana and possession of paraphernalia.

I was pulled over going 90mph in a 70 zone. He smelled weed and told me he was going to search the car. I cooperated and set in his car while he & another officer searched. I had about an eighth of weed and a bong on my front passenger floor. I know I can be charged up to $1000 for each offense... Read more »

William Melton
William Melton
answered on Jan 30, 2022

Yes, you need a lawyer. A lawyer can review the case and first make sure that you don't have a defense. Then they can help you get the best possible outcome. You can actually be charged $1,000 plus a 90% surcharge on all class B misdemeanors. It is unlikely that they will do that, but... Read more »

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