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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 Criminal Law, Cannabis & Marijuana Law, Federal Crimes and Legal Malpractice for New York on
Q: What steps to take filing for new public defender and getting something done about misrepresentation by one?

My soon to be husband has been almost a year awaiting outcome of a federal arrest that I have found out more about online than he has from his public defender. When asked to meet with him she has still a year later never met him in person. She has filed notices and discussed pleas without his... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

One may complain to either or both the Federal Defender's Office of NYS and the presiding judge in the case, but had better have all the details correct and back up the allegations.

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?
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

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.

T. Augustus Claus
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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

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Kentucky on
Q: Is it reasonable for a deputy to knock on the door of my residence to conduct a knock and talk after 11:30pm?

After I answered the door and stepped out on my porch I was asked if a man arrested for DUI a mile or so away lived at my house. No was my answer as he didn't live there nor had he been staying there. The man arrested had stopped at my house earlier that day and I knew the man, but he... View More

Timothy Denison
Timothy Denison
answered on Aug 5, 2023

Sounds a bit overreaching but would probably be upheld as legal

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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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 ?

Glenn T. Stern
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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?
T. Augustus Claus
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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 Cannabis & Marijuana Law and DUI / DWI for Georgia on
Q: i got a DUI/ marijuana i wqs parked engine turned off and keys not in the ignition what was his probable cause?

he stated that someone called in and said that i look intoxicated. i he gets me out of my vehicle but i refused the field sobriety test, breath test and blood test. there was no drugs in my possession but he still arrested me. with that said he also did not take my drivers license nor did he... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

You need an attorney to represent you. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

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 Delaware on
Q: What type of lawyer do I need to get a 7th degree (minor) marijuana charge from 1975 expunged from my record.
T. Augustus Claus
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answered on Jun 23, 2023

When seeking an attorney, look for someone who has expertise in expungement laws and procedures in your jurisdiction.

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?
James L. Arrasmith
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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

Q: If my job doesn't initially test for THC but than an accident occurs and THC comes up is it legal terminate/suspend you?

Basically we don't initially get drug tested for THC until an accident occurs and if THC comes up they either terminate you or fire you depending on who you are is this legal?

Nicholas P. Weiss
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answered on Jun 8, 2023

Yes. Ohio employers may terminate for THC in your system. There are no protections for employees in Ohio for use of marijuana, even medical marijuana.

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