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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law for Colorado on
Q: Can I start a recreational dispensary in Colorado even if I'm not a resident of CO?

I've heard you can appoint a business manager and as long as that person is a CO resident then you can still get your recreational dispensary license.

T. Augustus Claus
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answered on Oct 3, 2023

Colorado regulations do allow for non-residents to own a stake in a dispensary, but there are specific requirements and limitations. One common workaround is to appoint a business manager who is a Colorado resident, which you've mentioned. This would allow you to proceed with the licensing process.

1 Answer | Asked in Cannabis & Marijuana Law for Connecticut on
Q: in CT, is a weed infraction from 2012 a conviction if the fine is paid by mail?
T. Augustus Claus
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answered on Sep 26, 2023

Paying a fine for a weed infraction in Connecticut generally constitutes an admission of guilt, which can be considered a conviction. However, the impact of this on your record can vary depending on the exact circumstances, laws at the time, and whether the infraction is considered a criminal... View More

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: hello i am trying to get the definition of illegal marijuana in the state of michigan from 2002. can you please help me
T. Augustus Claus
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answered on Sep 18, 2023

In 2002, the state of Michigan had laws in place that prohibited the possession, use, and cultivation of marijuana for recreational purposes. At that time, the possession, use, and sale of marijuana were generally illegal under Michigan law, and those found in violation of these laws could face... View More

2 Answers | Asked in Cannabis & Marijuana Law, Intellectual Property and Trademark for New York on
Q: can you name a weed strain after military aircraft like the b-2 stealth bomber or are they copyrighted?
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answered on Sep 21, 2023

Naming a weed strain after a military aircraft like the B-2 Stealth Bomber may cause intellectual property concerns, especially if the name is being used in a commercial context.

It's essential to consider trademark and copyright laws when naming products, as using names associated...
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2 Answers | Asked in Cannabis & Marijuana Law, Intellectual Property and Trademark for New York on
Q: can you name a weed strain after military aircraft like the b-2 stealth bomber or are they copyrighted?
T. Augustus Claus
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answered on Sep 18, 2023

Naming a weed strain after a military aircraft like the B-2 Stealth Bomber could potentially raise legal issues, but it's not primarily a copyright concern. Instead, the primary concern would likely be trademark and intellectual property rights.

The name of a military aircraft like the...
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1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for New Mexico on
Q: Can my apartment complex tell us to stop smoking pot
T. Augustus Claus
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answered on Sep 7, 2023

Yes, in New Mexico, apartment complexes can generally prohibit smoking, including smoking marijuana, within their premises if it's specified in the lease agreement or apartment complex rules and policies. Many apartment complexes have no-smoking policies in common areas and within individual... View More

2 Answers | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: Can I get fired for marijuana use in California on my days off!

I got hurt on the job good night I got off I was no longer on the clock. I put a THC hemp oil on my back to help with the pain that you got drug tested the next day if I fail can I get fired?

James L. Arrasmith
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answered on Aug 20, 2023

While recreational marijuana use is legal in California, employers still have the right to enforce workplace policies regarding drug use. If your employer has a policy against marijuana use, even on your days off, and if failing a drug test violates their policy, it could potentially lead to... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Domestic Violence for Michigan on
Q: Can I get a medical marijuana card and use in wayne county michigan while on probation for misdemeanor domestic violence

I'm fighting a false charge of misdemeanor domestic violence that I was put on probation for. I want to know if I can get a medical marijuana card so that I can use marijuana edibles for pain and sleep purposes, while I am on probation without getting in trouble.

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answered on Aug 9, 2023

In Michigan, medical marijuana use is allowed under state law for qualifying patients with a medical marijuana card. However, if you are on probation, the rules can vary, and it's important to consult with your probation officer or legal counsel to determine how using medical marijuana may... View More

Q: selling hemp / CBD products online in MASS. Does this require a MDAR license or can I operate under farmbill USDA/FDA?

region is for Massachusetts

if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer..

Thomas Shack III
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answered on Aug 8, 2023

While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to... View More

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Minnesota on
Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated
Sarah Gad
Sarah Gad
answered on Aug 2, 2023

Technically, they can violate you for it (depending on the county) but you could overcome this by seeking a court order from a judge permitting you to use marijuana for legitimate medical reasons. In an ideal system, you would not be violated for taking your prescribed medication, but laws can... View More

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Minnesota on
Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 2, 2023

Minnesota now calls what was once called "parole," by the term "supervised release," to describe the period after a state prison inmate is released from prison, but subject to compliance with conditions which, if violated, could result in a return to prison. The Minnesota state... View More

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1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Georgia on
Q: Can i travel if I was charged with felony distribution of weed and got unindictment letter

6 months after being arrested I got called by my pretrial officer saying that im not longer apart of pretrial services and I get a letter in mail saying I’ve been unindicted from my charges can I travel ?

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answered on Jul 28, 2023

If you don't have an active warrant for your arrest, TSA is not going to mess with you. However, if you are on bond, your agreement with your bondsman may be that you must contact them for permission before you leave the state. So you might want to give them a heads up before you go anywhere..

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Pennsylvania on
Q: My son was put off the job today for medical mj use. He has a card. Can you help? Steamfitter Union. confidential plz

He has been being harassed by his foreman. Accused him of putting vodka in his water bottle. Told other foremen he is using pills. He is not. Only medical mj.

T. Augustus Claus
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answered on Jul 26, 2023

First and foremost, your son's medical marijuana use should be protected under Pennsylvania's medical marijuana law. Employers are generally prohibited from discriminating against employees solely based on their status as a certified medical marijuana patient.

Now, when it comes...
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1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Missouri on
Q: In Missouri. Starting a position at a Union. For random drug tests, am I covered with my medical card from being fired?
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answered on Jul 21, 2023

Having a medical marijuana card may not automatically protect you from being fired if your employer has a strict drug-free policy and conducts drug tests. Employers have the right to establish their own policies regarding drug use, and they may choose to take disciplinary actions, including... View More

1 Answer | Asked in Cannabis & Marijuana Law, Estate Planning, Elder Law and Probate for Mississippi on
Q: Can a judge deny to grant you conservatorship based off the potential conservator having a medical marijuana card?
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answered on Jul 14, 2023

A judge has the discretion to consider various factors when deciding whether to grant conservatorship, including the potential conservator's circumstances and qualifications. While having a medical marijuana card may be a factor that the judge takes into account, it does not automatically... View More

1 Answer | Asked in Employment Law, Personal Injury and Cannabis & Marijuana Law for Pennsylvania on
Q: Discrimination at work against Asian , pesticide exposure at work
Tim Akpinar
Tim Akpinar
answered on Jul 2, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. In the brief post, it isn't clear if the pesticide exposure and discrimination are related or separate issues. You could reach out to attorneys to try to set up a free initial consult. I can't speak for... View More

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: Will a previous medical marijuana card from California appear on a federal background check?
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answered on Jun 23, 2023

A previous medical marijuana card from California is unlikely to appear on a federal background check. While medical marijuana is legal in some states, it remains illegal under federal law. Federal background checks typically focus on criminal history, employment, and other relevant records.... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Should my wife plead guilty for marijuana possession in the state of Texas? Her very first offense?
John Michael Frick
John Michael Frick
answered on Jun 19, 2023

If she's guilty, it depends upon what sentence the DA is offering in the plea bargain. Sometimes, it is better to not plead guilty even when you are guilty in order to be able to fully explain the circumstances of the offense, especially when the consequences being offered by the DA appear... View More

2 Answers | Asked in Cannabis & Marijuana Law and Juvenile Law for California on
Q: Can my probation officer take my weed from my room if I’m a juvenile and weed has nothing to do with my probation condit
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answered on Jun 17, 2023

As a juvenile on probation, you are subject to certain conditions and restrictions as part of your probation. These conditions may include drug testing and restrictions on drug use, even if the drug in question is not related to the offense that led to your probation.

If your probation...
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1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: What are the laws in Ky at the moment for not hiring or firing someone for using legal CBD products?

Was dined a job for showing positive for THC in urine and I only use CBD gummies, vape and oils instead of Mobic for my arthritis which has severe health problems associated with medication. Was informed any use of CBD products will cause you to fail and I could not be employed and when when the... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

Currently, Kentucky does not offer any sort of employment protection to legal CBD users.

In Kentucky, CBD products are legal if they contain 0.3% or less THC. In order to test positive in a typical urine test, a user would need to consume more than 2,000 mg of legal CBD products / day....
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