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California Cannabis & Marijuana Law Questions & Answers
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
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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...
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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
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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 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
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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 Employment Law for California on
Q: I work at in n out and we had a comps event where I was caught with possession of marijuana not trying to enter the even

But at the parking lot. I have a medical card I didn’t inhale anything it just fell to the ground and the guy caught me and now I’m fired is this ok?

James L. Arrasmith
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answered on Jul 19, 2024

Under California law, employers have the right to maintain a drug-free workplace and can enforce policies prohibiting the use of marijuana, even if you have a medical card. Despite California's legalization of marijuana, both for medical and recreational use, employers can still terminate... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Land Use & Zoning for California on
Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop

Property for having 325 plants had two permits for up to 99 plants they confesscated all plants

James L. Arrasmith
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answered on Oct 21, 2023

If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines.

The confiscation of all plants,...
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2 Answers | Asked in Cannabis & Marijuana Law, Car Accidents and Criminal Law for California on
Q: Son hit and run charge and under influence.

Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured not his vehicle though So I put a claims... View More

Leon Bayer
Leon Bayer
answered on Oct 18, 2023

I’m terribly sorry for what this must have done to you and your family.

I suspect that your insurance claim will be denied IF your son was a resident of your house.

If he did not live with you, you stand chance that your insurance will cover the property damage. However the...
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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 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 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 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

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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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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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
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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 Contracts, Employment Law and Cannabis & Marijuana Law for California on
Q: Asked to sign a lease on a car to be a courier by my employer said he would make the payments and pay 125 on insurance

Received lease and it makes me responsible for the monthly payments and insurance and a monthly maintenance fee of .10 a mile. And asked me to pay 250.deposit and 99.00 transfer fee due at signing and he would pay registration but bill me at the end of the year no where does it say he will make the... View More

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2022

Your employer has the legal duty to pay for any expenses you incur on behalf of your employer. However, the procedure used by your employer is very sketchy and could leave you exposed to lease payments, and other expenses associated with ownership of the vehicle, after your employment ends. As... View More

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2 Answers | Asked in Contracts, Business Law and Cannabis & Marijuana Law for California on
Q: have lease agreement for weed cultivation license. Bureau of canna control said subletting is illegal Is contract void?

I was unable to move forward with business and now owner claims I still owe him for the remainder of the contract. Does he have any grounds to come after me or can I walk away?

Scott Wilsdon
Scott Wilsdon
answered on Feb 7, 2022

I agree with the advice already given about the importance of sitting down with a lawyer to review your agreement. The only additional point I would make is that current regulations governing licensed cannabis operations prohibit subletting. (Cal. Code Regs. Title 4, Section 15000.4; effective... View More

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2 Answers | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: Im looking for a lawyer who can help me with during the company I work for . I work for a cannabis dispensary.

I work for a dispensary that is not complaining with rules and regulations.

Neil Pedersen
Neil Pedersen
answered on Dec 13, 2021

Unfortunately, this Q&A board is not the place to ask attorneys to respond to you with an agreement to work with you. Furthermore, your post does not really help to determine what your issue may be. Are you facing retaliation for opposing unlawful conduct? Are you being forced to do things at... View More

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1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for California on
Q: How to respond to an Entry of Default?
Julie King
Julie King
answered on Dec 1, 2021

If you don't know what to do, you should go to the self-help center of your local courthouse or, if there is none, hire a litigation attorney. Getting a litigator to help you is clearly the best route because you are already behind the eight ball, as they say. Do not delay. This is VERY... View More

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: I’m working in cannabis delivery. They did not pay me to train couriers they said they will give me bonus if I train.

I’m not a lead they just ask me to help them out and told me to give bonus but they did not give me bonus. I trained few people but nothing. Can I file a lawsuit? How much can I get if I did?

Brad S Kane
Brad S Kane
answered on Oct 8, 2021

While the promise to give you a bonus to train people is probably to vague to be enforced, you should be entitled to be paid for all hours worked, including the time you trained the other couriers. Unless you worked more than 8 hours total on that day or days, you would be entitled to pay at your... View More

1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can you be arrested in airport for transport of marijuana without the police showing you any evidence of marijuana?

Police arrested me and stated that they got marijuana out of my checked back in Sacramento. I never gave a statement. They never show me they had marijuana from my bag. They didn't show me anything.

Louis George Fazzi
Louis George Fazzi
answered on Jul 28, 2021

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