Ask a Question

Get free answers to your Cannabis & Marijuana Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Cannabis & Marijuana Law Questions & Answers
2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Hawaii on
Q: Can they actually prosecute you for promoting a harmful or detrimental drug, if you have a vape with THC-p product?

There are many different types of vapes that contain THC-p, And is legally sold at regular vape or smoke shops.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

In Hawaii, the question arises about the potential prosecution for promoting a harmful or detrimental drug when possessing a vape with THC-p (delta-8 THC), a product legally sold in regular vape or smoke shops. The issue centers on the legality and classification of THC-p, a specific form of THC... View More

View More Answers

1 Answer | Asked in Business Law, Cannabis & Marijuana Law and Internet Law for Washington on
Q: Can a WA dispensary legally make commissions off of third-party food products sold not on the premise?

For example, a dispensary has a QR code that affiliate links to a website that sells candy. The candy site pays them commissions for each sale that comes through because of the dispensary. I understand that WA state dispensaries cannot directly sell non-THC products (hats, candy, etc.).

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

In Washington State, cannabis dispensaries are subject to strict regulations regarding what they can and cannot sell or promote. While dispensaries are prohibited from selling non-THC products like regular food items or merchandise directly, the scenario you're describing involves an affiliate... View More

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody and Family Law for California on
Q: Can I gain full custody of a child if the other parent has marijuana in the household?

I am a father with a child in the care of his mother in another county. The mother is suspected of drug abuse and grandmother habitually uses marijuana and leaves paraphernalia within child’s reach. Also prior criminal history of drugs, distribution of prescription narcotics, and domestic... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

In California, the presence of marijuana in the household is not automatically grounds for changing custody. However, the court’s primary concern in custody cases is the child’s best interest, which includes ensuring a safe and healthy environment. If you suspect drug abuse or that the child is... View More

1 Answer | Asked in Cannabis & Marijuana Law, Education Law and Employment Law for California on
Q: I just accepted a job that is located in California with a charter school what happens if I test positive for weed?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

In 2024, California has new legislation providing increased protections for employees' off-duty marijuana use. As of January 1st, 2024, California law prohibits employers from discriminating against employees for marijuana use that occurs away from the job and workplace.... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: I was convicted of Marijuana possession over 4ounces 50 years ago in Dallas County, Texas. Can I legally buy a firearm?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

There are three ways you can be qualified to buy a Firearm in TX, as a prior convicted felon..

1. Get a pardon from the governor;

2. Receive permission from the local Sheriff to buy and possess a FA; or

3. Have your conviction expunged by District Court Order. This last one...
View More

1 Answer | Asked in Civil Rights and Cannabis & Marijuana Law for Massachusetts on
Q: Can the police hold phone as evidence even after all charges were dismissed?

Recently arrested for distribution of class c and d drugs (cannabis concentrate, cannabis flower). Lead investigator took phone as evidence. Charges were dropped the next day as it was first offense. Now all belongings were returned except for phone. Lead detective says they can’t give phone back... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In the United States, law enforcement can retain personal property, including a phone, as evidence even if charges are dismissed. This is often due to ongoing investigations where your phone might contain relevant information. However, this retention must be reasonable and justified.

If you...
View More

1 Answer | Asked in Cannabis & Marijuana Law for Pennsylvania on
Q: Can a cop give u a breathalyzer bc he smells weed after he has pulled u over

Yet never really tell you he smelled weed, and I have medical marijuana card

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

In Pennsylvania, having a medical marijuana card does not exempt individuals from certain restrictions related to marijuana use, especially when operating a vehicle. If a police officer smells weed during a traffic stop, they may have probable cause to conduct further investigations, including a... View More

1 Answer | Asked in Cannabis & Marijuana Law for Washington on
Q: So in Washington State, Spokane, Marijuana is legal, can cops still arrest you for having it? Even if your not driving?

Can Law Enforcement Officers arrest you for possession of Marijuana in a legalized state in a vehicle? Also implies if it's legally bought from a store or not.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In Washington State, where marijuana is legal for recreational use, law enforcement officers generally cannot arrest individuals solely for the possession of marijuana within the legal limits. However, there are still regulations and restrictions in place. Possession limits, typically one ounce of... View More

1 Answer | Asked in Cannabis & Marijuana Law and Constitutional Law for Kansas on
Q: I have a medical marijuana card. I'm in the worst district with the worse judge. I have a good recommendation from my PO

But I've been sick and only had four business days to find an attorney. Any advice? The violation is for marijuana

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

If you're facing legal issues related to marijuana despite having a medical marijuana card, it's important to seek legal representation as soon as possible. Given that you've had limited time to find an attorney due to illness, you might want to request a continuance from the court.... View More

2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

You could try to arrange a free initial consult with an employment law attorney. If your cruise ship was not U.S.-flagged, that would be meaningful to an attorney. Since most cruise ships are registered offshore, it could help if you have a copy of your employment agreement - that might contain... View More

View More Answers

2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements.

If you were not notified of the positive test result until five months...
View More

View More Answers

Q: Who protects the patients right in a a pain clinic riddled with assumptions, their drug screen had a false positive.

It's time to stand up for myself its wildly unfair, Dr was so abrupt and would not discuss anything despite having been compliant and twice now false positive. Other meds I take as well as red bull apparently can cause false positives. She discharged me abruptly w/o any discussion. I am paying... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

In California, patients at pain clinics have rights that need to be respected, especially in situations involving drug screening and treatment decisions. If you've encountered a situation where a false positive on a drug test led to abrupt discharge from care, there are steps you can take.... View More

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for California on
Q: My landlord came in my home stating she smelled marijuana. She did this after I made a complaint about her. Help!

I don’t smoke and this is false I believe it’s retaliation to try and evict me. Can you help me. How can I prove she’s wrong

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

In California, your landlord must provide reasonable notice, typically 24 hours, before entering your home, except in emergencies. If your landlord entered without proper notice, this could be a violation of your rights as a tenant.

Regarding the accusation of marijuana use, if you believe...
View More

1 Answer | Asked in Family Law and Cannabis & Marijuana Law for Ohio on
Q: Now that weed is legal in ohio can cps test for it
Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

Under current state regulations they can. While the technical effective date of the voter initiated statute, is December 7, 2023, Ohio's General Assembly and the Department of Commerce and the Department of Development have yet to flesh out the new regulatory structure for the actual sale... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but....

My Po says I can't? Does he have the right to deny me that right?

Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2023

I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many... View More

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: charges are hs 11358c cultivating .6 cannibus plants hs 11359b possesion of marijuana for sale need consult

was served a search warrent and they cut all my medical plants down

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

Growing and possessing cannabis in California remains complex, even with medical authorization. These charges are serious - Health & Safety Code 11358(c) for cultivation and 11359(b) for possession with intent to sell can carry significant penalties if convicted.

You should immediately...
View More

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: I was asked to resign after admitting to self medicating with pot in California

I was basically pushed to admit I self medicate with marijuana because i am off my meds after being accused of being on drugs whle having a mental illness. I was asked to resign after I was TOLD I wasnt going to pass the drug test. I didn't even perform a drug test and was asked to resign... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

It sounds like you’ve been put in a tough spot. In California, while recreational marijuana use is legal, employers are still allowed to maintain drug-free workplace policies. This means they can require drug testing and may take action, even if you use marijuana legally outside of work hours.... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Virginia on
Q: Can a circuit court judge force a defendant to cease taking prescribed medications

I am on probation and have been using marijuana for many mental health issues and was prescribed medical marijuana but the court order says that I cannot use marijuana period. Is that a violation of an amendment right or something?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2024

A circuit court judge has the authority to set conditions for probation, which can include restrictions on substance use. Even if you have a prescription for medical marijuana, the court may prohibit its use if it conflicts with the terms of your probation. Violating these conditions can result in... View More

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: What's the process for getting 2 enhancement/strike remove from a current non violence offender case. Thank you

The offender filed a Habeas Corpus June, 2024. However it was sent to the wrong department.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

To begin the process of removing two enhancements or strikes from your non-violent offender case in Riverside, start by reviewing your current case documents carefully. It's important to understand the specific charges and the basis for each enhancement or strike. Since the Habeas Corpus was... View More

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Tennessee on
Q: I got charged with a dui the cop said we’re driving under the influence of smoking marijuana. They found marijuana in

Car which which is my mother‘s car and my family has been trying to get rid of me since my fiancé died and I’ve been staying at my grandmother‘s house. It was not my marijuana and I don’t smoke. I took a blood test and my medication’s are fine. I’ve been on them for a while, I just got... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2024

You should never give a blood test. Any chemicals in your system will be used as evidence of influenced driving. Hire a competent attorney, and quit thinking your prescriptions are legal for driving.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.