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Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Florida on
Q: What can I do about a failed workmans comp drug test for prescription medical marijuana?

My husband cut his hand at work. It was very minor. His employer thought it would be a good idea to go to a doctor and file a claim with workmans comp. My husband told his employer he smoked marijuana and had a prescription, they said it was fine so against his better judgement and at the request... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Dec 8, 2022

Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but... View More

1 Answer | Asked in Cannabis & Marijuana Law for New Jersey on
Q: Hello, I was wondering if I would be able to smoke weed in my car if it is off and parked on the curb next to my house
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2022

Absolutely not. That is not legal in New Jersey. You need to do it in your garage if you have legally purchased the Marijuana. But if you are looking for trouble, which I presume you are not, then do not do it.

Q: My name is Modesto and my mother accused, took me to Pomona childrens court I have never been charged or arrested

Never charged I got dv

I wrongfully accused

Never arrested or charged

Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2022

the best advice any lawyer can give you is to ask the court to appoint a Public Defender at your first appearance.

s/he will have access to a police report and any other evidence.

since PD's have very heavy case loads, I suggest you type up all the facts so that s/he does not...
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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: I recently went through a road block, possession of less than one gram. What are my options?

Recently went through a road block were I was asked if I had been drinking or smoking that even, to which I answered “smoking yes earlier”, and was asked to get out of my vehicle. Officer claimed he smelled burned marijuana in my vehicle, and upon his search, nothing was found. Less than one... View More

Christopher Kittell
Christopher Kittell
answered on Nov 5, 2022

Hire a DUI attorney near you. He or she should be able to get you probation (if not an outright dismissal) since it’s a first offense.

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Tennessee on
Q: What charges will I get if a cartridge wasn’t my possession I am 15 years of age

yesterday morning I walk into the restroom to see a bunch of people smoking a vape I hit it to fit in not knowing that it is 90% Thc illegal in my state I live in Tennessee, fast forward a couple hours I get pulled out of class and asked if I had smoked anything I said no but than they check my... View More

Jon David Rogers
Jon David Rogers
answered on Oct 30, 2022

The first thing you need to do is let your parents know, and you (you and your parents) need to go speak to a lawyer. Schools are not allowed to question students without someone "friendly" to the student, and no, the school administrators and teachers are usually friendly to the school... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for North Dakota on
Q: A search warrant was issued for two motel rooms looking for contraband or anything related to use n distribution of a

controlled substance! They were looking for a certain Jane Doe but she was not listed on the search warrant! Only two room numbers were listed. One was her room n the other room next door was another guest entirely unrelated to the case. Was the warrant legal for two rooms looking for Jane Doe’s... View More

Lucas Wynne
Lucas Wynne
answered on Oct 10, 2022

Not enough information, an attorney needs to see the totality of the evidence to determine if a motion may be filed.

2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Florida on
Q: Does Biden cannabis pardon effect lawfully permanent immigrants with prior simple possession of cannabis charge?

If I was deported because of a simple possession of cannabis and tampering with physical evidence and was a lawfully permanent resident at the time does president Biden new cannabis pardon grants me relief because immigration does fall under the federal level can I get my immigration case review... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 10, 2022

Statements by politicians ‘are not enough.’ In addition, if a person is “convicted,” past tense, then this can still be an issue in some Federal jurisdictions.

This is not as simple as it seems. The law was passed by Congress. A President cannot change how the law is written....
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Q: After filing writ of mandate with trial court, what do I file to get a court date?

I filed a petition, verification, and memo of points and authorities. They responded and I filed a response as well. How do I get a court date now? The court is telling me I need to file something else but will not tell me what. This is for a writ of mandate challenging a city's actions during... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 28, 2022

Without knowing a lot more information, it would be very difficult for me to answer your question.

My experience is that when the court tells you to file an additional document, they usually tell you exactly what they want. So if you received some kind of notice from the court, I urge you...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for California on
Q: can i take back guilty plea was not mine nor was it my vechile? just wanted to get out of jail

possesion of marajuana looking for free lawyer please

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

If you're seeking to withdraw your plea, you'll likely need assistance. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... View More

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1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Ohio on
Q: If you live in ohio but work in pennsylvania do you get the medical cannibis discrimination protections as pennsylvania?

Someone who lives in PA gets protections from being fired if they have a medical card. But Ohio doesn't have any of that.

So if I live in Ohio but work in PA would I not get these protections because I live in Ohio and have an Ohio medical card?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2022

No. Pennsylvania law applies to Pennsylvania companies. They would not be able to terminate so long as you are in compliance with Pennsylvania's medical marijuana laws.

1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: I was prescribed medical marijuana and want to know can the courts lock me up because I am on parole and probation?

I was diagnosed with ptsd, depression,anxiety and insomnia. Please help

Scott Scherr
Scott Scherr
answered on Aug 31, 2022

You should discuss with your lawyer filing a motion to modify your probation to allow you to use your medical marijuana card.

1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: Is the smell of marijuana probable cause to search a vehicle in Illinois?

So what about the ruling from Judge Daniel Dalton that states that the odor of cannabis is not probable cause for a vehicle search? Is that only for Whiteside County?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 11, 2022

Yes. Although the State of Illinois legalized personal use of marijuana, however, its use while driving is still prohibited and may result in a charge of driving under the influence (same as DUI).

Therefore, a smell of marijuana from the vehicle creates a legitimate probable cause to...
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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: What are the implications of starting a cannabis delivery service in Illinois?

I think a cash only approach that partnered with local dispensaries sounds like a sound business opportunity. But I am wondering what I am missing

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

Delving into commercial sales of marijuana in Illinois is an extremely complex undertaking that has many nuances. You may begin with contacting the State of Illinois respective agencies for more information.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Kansas on
Q: I am trying to get expunged. My probation was supervised and I got the 30 for 30 program, am I still on Probation?

I know where I am confused, due to this is my 1st offense.

I don't know if I'm still on P&P... Nor when I can start procedures to get expungement

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2022

Most offenses in Kansas may be expunged if the conditions set forth in the expungement statute (K.S.A. 21-6614) are met. Depending upon the specific crime, there is a waiting period of three or five years (with a few exceptions of one, seven and ten year waiting periods) from completion of... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Michigan on
Q: What will happen now after marijuana legalization in Michigan, having a marijuana misdemeanor warrant from 2016?

I was charged with possession of marijuana, i was pulled over, officer said he smelled marjijuana, i told him i forgot i had a grinder in my council and not in the back in a lock box, I had my medical marijuana card, since it was not locked up, I gave him the grinder, he charged me with possession... View More

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Great question! Like many changes in the law, it remains to be seen what will happen in situations like yours. Best thing to do is contact the court. If there is a valid warrant for you, you may be arrested on it, so it's important to address it. And what matters is whether your actions were... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Ohio on
Q: Good evening if I am on colors for drug testing in Kentucky and I legally live in my residence in Ohio can I smoke weed
Joseph A. Bondy
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Joseph A. Bondy
answered on Jul 6, 2022

I don’t know what it means to “be on colors” in Kentucky, and I am not an attorney in Ohio, however cannabis possession in Ohio is unlawful whether in public or your home—possession of under 100 grams remains a misdemeanor. See, generally, https://norml.org/laws/ohio-penalties-2/

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What are the rules of procedure when applying for and returning a knock and announce search warrant in indiana

When does an affidavit (probable cause) for search have to be filed with the clerk? When does the warrant have to be returned? If there's no affidavit of probable cause ever filed with the clerk EVER ..is that legal? Next if 10 months later a different cause number(ed) search warrant is... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 5, 2022

If you have had 3 attorneys not sure why your questions have not been answered. To answer your questions accurately depends on the specific facts of your case which are not listed in your description. However, you can Google the specific statute to give you some insights into the law that... View More

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Maine on
Q: Can you own a gun and use weed
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2022

Federal law prohibits anyone who is: "who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)" from possessing a firearm. This would include marijuana use because it is defined as a controlled substance... View More

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