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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law for New Jersey on
Q: Are employers allowed to deny me employment if I fail a drug test for the use of marijuana in New Jersey? I am 18.
Leonard R. Boyer
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answered on May 25, 2023

Just because the use of marijuana has been decriminalized does not mean it could not interfere with your job.

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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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Federal Crimes for California on
Q: if someone sends a controlled substance across state lines, what happens to the person who receives it

i think i am being scammed by someone who advertises sending medicine online, then i found out it’s a controlled substance, and they’ve been hitting me for hundreds of dollars for insurance stamps etc and threatening me that i’ll get arrested if the package is opened before delivery. i never... View More

James L. Arrasmith
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answered on May 16, 2023

Federal Law: Controlled substances are regulated by the federal government in the United States, primarily through the Controlled Substances Act (CSA). The CSA categorizes drugs into different schedules based on their potential for abuse and medical use. Sending a controlled substance across state... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Washington on
Q: Is marijuana in a recreationally legal state considered illegal if probation states no illegal drugs allowed?

I moved here on an interstate compact from Oklahoma to Washington. My stipulations on probation state no controlled substances without prescription or illegal drugs. Since marijuana is recreationally legal in this state and my stipulations aren't specific, only typical rules for anyone on... View More

Aaron A. Pelley
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Aaron A. Pelley
answered on May 7, 2023

Short answer, no. Unfortunately, the legislature has specifically decided that people who have committed crimes do not deserve one of the safest drugs that is available for treating a number of medical conditions. The provision for medical cannabis specifically calls it out by saying, "... View More

1 Answer | Asked in Personal Injury, Cannabis & Marijuana Law and Car Accidents for Texas on
Q: I was in a car accident January 12, 2023. NOT my fault. Got arrested for marijuana.

I was at a complete stop when a truck hit me going 70 mph. I was injured cop asked me for my license which was in the car in hidden compartment. I had been given a nug (less then a gram) of weed, a grinder and a pipe the day before. I had it in my car because I was currently staying with a friend... View More

John Michael Frick
John Michael Frick
answered on May 2, 2023

It is typical for first time drug offenders to receive probation, community service, and a small fine.

While many people think that is just a slap on the wrist, other people find it is sufficient to deter future similar criminal behavior.

If you don’t feel the punishment is right,...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Landlord - Tenant and Real Estate Law for California on
Q: I am a renter and was fined 30k for a Marijuana grow. Is removing the lien hold on the property possible?

The grow was where four different properties meet. The plants were removed and 30,000$ fine was issued to me. But a lien was placed on the property. The land owner lives out of state and had no knowledge of any activity. Is removing the property lien hold possible?

James L. Arrasmith
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answered on Apr 28, 2023

If you were fined $30,000 for a marijuana grow in a rental property, and a lien was placed on the property, it is possible to have the lien removed if you pay the fine or reach a settlement agreement with the governing authority that imposed the lien.

However, it is important to understand...
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1 Answer | Asked in Employment Law, Cannabis & Marijuana Law and Employment Discrimination for Oklahoma on
Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.)

The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How... View More

Charles Watts
Charles Watts
answered on Apr 26, 2023

In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that... View More

1 Answer | Asked in Cannabis & Marijuana Law and Federal Crimes for Michigan on
Q: I mailed two small tins of cannabis salve to my sister in another state. Just received message package seized my law

Mailed because she broke her hip and in pain

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

Not sure what your question is, but marijuana and it's byproducts are still largely unlawful under federal law, hence probably the USPS response you received.

1 Answer | Asked in Cannabis & Marijuana Law for Mississippi on
Q: If police search ur house without showing u a search warrant and find some weed what can u do about it.

None

Anthony M. Avery
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answered on Apr 19, 2023

If charged, hire a MS attorney to file a Motion To Suppress Evidence, after the probable cause hearing.

1 Answer | Asked in Cannabis & Marijuana Law for California on
Q: I am considering applying for a medical marijuana card for my anxiety and depression. Will this be a permanent mark?

I am only 18, and I know there are certain things you cannot do by holding a medical marijuana card. I do plan to ask a doctor and get it done officially, however, I don't want to have a permanent mark that will restrict me for the rest of my life. Please let me know.

James L. Arrasmith
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answered on Mar 29, 2023

It is advisable that you consult with a licensed healthcare professional or legal expert in your area to understand the specific laws and regulations around medical marijuana use and how they may affect you. Additionally, if you are concerned about the long-term impact of having a medical marijuana... View More

1 Answer | Asked in Cannabis & Marijuana Law, Car Accidents and Employment Law for Ohio on
Q: what happens if im driving a company vehicle and im not high but weed is in my system and someone hits me or i hit some1

i usually only smoke like one bowl a day and if i get a medical card will i be ok no matter what

Nicholas P. Weiss
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answered on Mar 29, 2023

It is illegal to smoke marijuana in Ohio. This is true even if you have a medical card. Your employment is also not protected from the use of marijuana even if you have a medical card. Marijuana in your system will likely be determined to be a contributing factor in any accident.

3 Answers | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?

But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

It is likely--even under California law--that your employer can legally fire you for failing a drug test.

I advise you, however, to keep the CBD oil that you used and to have it tested for THC. Although it is extremely rare to test positive on a drug test as a result of using CBD oil,...
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1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: Is a pipe to smoke Marijuana sold at the store here illegal?
Anthony M. Avery
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answered on Mar 22, 2023

No... But if there are other things found with it like drug residue, then it may be charged as Drug Paraphernalia.

1 Answer | Asked in Traffic Tickets and Cannabis & Marijuana Law for Illinois on
Q: I was initially pulled over for expired tags and then found out my license was suspended.

The officer took me into custody and then released me on an I-bond. I have court on Thursday, but I have been replaying the encounter in my head, and I don't believe he ever referenced any of my Miranda Rights during our exchange. I was arrested on Driving on a suspended license and open... View More

Theodore J. Harvatin
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answered on Mar 20, 2023

Miranda rates are necessary when you are taken into custody. Furthermore, even if your Miranda rights are violated, it only six to suppress any statement you made.

Q: Is it legal for a company to not hire me because I tested positive for marijuana?

If it's not, what do I do about it?

Daniel A. Johnston
Daniel A. Johnston
answered on Mar 11, 2023

While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.

1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Juvenile Law for Illinois on
Q: I’m 17 years old. I have court soon and would like to know what consequences I’ll likely have to face.

I got charged with reckless driving, fleeing/attempt to elude an a officer, Unlicensed (it was after curfew), unlawful use cannabis/driver, 35+ in a 55, and disregard of 7 separate stop signs. I know nothing is certain until I appear in court but I’d like to know what they might charge me with... View More

Theodore J. Harvatin
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answered on Mar 8, 2023

If a driver runs more than two stop signs or stop lights or exceeds the speed limit by more than 20 miles an hour while an officer is in pursuit, that could be charged as a felony. The first court date is not the end of your case; it is the beginning. That is where you or your attorney plead not... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Law and Social Security for New Mexico on
Q: Can a person on disability help(volunteer) her husband in cannabis business without losing benefits?
James L. Arrasmith
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answered on Mar 4, 2023

It depends on the specific circumstances and the laws and regulations of the state in which the person resides. Generally, disability benefits are designed to provide financial assistance to individuals who are unable to work due to a disability. If a person is receiving disability benefits, they... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Illinois on
Q: I am being denied employment by a company in chicago because I had marijuana in my drug test. Is this legal? If not what

What are my options?

Cynthia Pietrucha
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answered on Feb 24, 2023

Based on the information you've provided, it appears the company's refusal to hire you based on a failed drug test for marijuana does not appear to be illegal. It's really unfair as cannabis metabolites can be detected in urine even 30 days after someone ingests the drug, making it... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: My boyfriend was arrested yesterday for violating his probation with positive drug test for weed. His PO said she

Would see him Monday or Tuesday what can we expect now. I'm so scared and need answers. This was his first time arrested for violating

Melaney LaGrone
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Melaney LaGrone
answered on Feb 16, 2023

Any violation of probation can result in the court sentencing him to jail for the time that he has remaining on his probation. The probation officer can also ask the court or recommend to the court that he gets a pass and can continue on probation. Whatever decision made is up to his probation... View More

Q: Can I legally run a business where I provide business consultation to established or aspiring criminals?

I have a particular skill at knowing how to effectively commit a crime, whatever that crime may be. As a result, I'm very good at providing advice to people looking to also commit a crime. I'd love to be as legitimate a business man as possible, but is that even a possibility given my... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Feb 15, 2023

According to the theory of criminal law, knowing about an impending crime and not reporting it is in itself a criminally punishable act. This is called covering up a crime. An additional element of the crime in your case may be the planning and preparation for the commission of a crime.... View More

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