Title: March 5, 2008
This is a re-visitation of my last column with regards to the question about how one can smoke medical marijuana in one’s apartment without incurring the wrath of the landlord or neighbors. I received a very instructive e-mail from an enlightened reader who suggested that a person with a prescription for medical marijuana find another method of getting it into his/her system, i.e. nebulizer, cookies, brownies, honey, breath strips and even ointments would not only be excellent alternate methods, but in fact healthier. A reputed marijuana dispensary would probably carry all of the above-mentioned products.
Q: What should I know in order to win my Small Claims Court case?
A: Get to Court on time, or even a little early. Have your case and evidence organized. The story of your case should be told in a chronological order, and your argument should be short and concise. Have your documentation in triplicate (one for the judge, one for opposing party and the last one for you to refer to). Use a highlighter to draw attention to relevant portions of your documents. Dress and behave appropriately. Practice your argument (practice makes perfect). Bring a witness willing to testify on your behalf. A live witness is better than a signed statement by that witness. It is difficult to cross-examine a written statement. Wait until the Judge tells you it’s your turn to speak. Do not interrupt the other party. You will be given an opportunity to respond, just be patient. Be reasonable. Judges have to listen to many people who think they are right all day long. Being reasonable will make you stand out, and eventually might win the judge’s favor, and by the same token, your case.
Q: I am hesitant to file my taxes because I owe money and I can’t pay it right now. Should I withhold from filing my taxes until I have the money to pay?
A. No, file your tax return or extension on time, even if you do not have the money to pay the taxes due. The penalty for failure to file your return on time is 5% of the amount owed for each month the return is late to a maximum of 25%. Save yourself a significant amount of money by simply filing your return on time. You can negotiate a payment plan to pay your taxes over several months, or make an Offer in Compromise. This is when you pay a lump sum to the IRS to resolve all outstanding taxes owed. This occurs when you are simply unable to pay back taxes. Such Offer can be made for a percentage of what you owe. Procrastination can only result in penalties and interest being assessed against you.
Maxine de Villefranche has been an attorney for 15 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail at maxinedev@msn.com. She will answer your questions to the best of her abilities.
Showing posts with label medical marijuana. Show all posts
Showing posts with label medical marijuana. Show all posts
Tuesday, March 24, 2009
Legal Eaze #87 Medical Marijuana/Cell Phone Driving
Title: February 20, 2008
Q. I have a physician’s prescription for the use of medical marijuana to ease the back pain I constantly experience after undergoing several back surgeries. I live in an apartment and I fear that the management will eventually evict me for smoking it in my apartment. Already my immediate neighbors have complained that they can smell marijuana right through our common walls. What can I do to protect myself against a potential eviction?
A. Honestly, I cannot answer your question because the Courts have not yet addressed your situation. The Compassionate Use Act of 1996 (California law addressing the lawful use of medical marijuana) has been narrowly interpreted to protect the lawful use of medical marijuana only against criminal prosecution from the state. The problem is that the federal government still considers the possession and cultivation of marijuana to be illegal under all circumstances. This means you can still be arrested and prosecuted by federal authorities acting within the state. A state court has addressed the situation wherein a computer technician who failed a drug test administered by his employer, despite the fact that he presented a copy of his prescription with the failed drug test results. He claimed that he smoked on his own time and that it helped him better perform on the job. He was nevertheless fired. The Court sided with the employer. In your case, it could go either way, but if a lawful user cannot smoke in his/her own home, then where can he/she? If your landlord attempts to evict you, you might become the test case on this issue.
Q. Is it legal for me to use my cell phone while I am driving?
A. In California, it still is, although not for long. As of July 2008, you will no longer be permitted to use a hand-held type of cell phone while driving. You will still be permitted to use a hands free “speakerphone” type set up for cell phone calls as long as you have both hands on the steering wheel. There have been thousands of accidents due to cell phone usage while driving all over the country. As a result, various jurisdictions took a position that no use of hand-held cell phones while driving is safe use.
Maxine de Villefranche is an attorney and civil general practitioner with 15 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Q. I have a physician’s prescription for the use of medical marijuana to ease the back pain I constantly experience after undergoing several back surgeries. I live in an apartment and I fear that the management will eventually evict me for smoking it in my apartment. Already my immediate neighbors have complained that they can smell marijuana right through our common walls. What can I do to protect myself against a potential eviction?
A. Honestly, I cannot answer your question because the Courts have not yet addressed your situation. The Compassionate Use Act of 1996 (California law addressing the lawful use of medical marijuana) has been narrowly interpreted to protect the lawful use of medical marijuana only against criminal prosecution from the state. The problem is that the federal government still considers the possession and cultivation of marijuana to be illegal under all circumstances. This means you can still be arrested and prosecuted by federal authorities acting within the state. A state court has addressed the situation wherein a computer technician who failed a drug test administered by his employer, despite the fact that he presented a copy of his prescription with the failed drug test results. He claimed that he smoked on his own time and that it helped him better perform on the job. He was nevertheless fired. The Court sided with the employer. In your case, it could go either way, but if a lawful user cannot smoke in his/her own home, then where can he/she? If your landlord attempts to evict you, you might become the test case on this issue.
Q. Is it legal for me to use my cell phone while I am driving?
A. In California, it still is, although not for long. As of July 2008, you will no longer be permitted to use a hand-held type of cell phone while driving. You will still be permitted to use a hands free “speakerphone” type set up for cell phone calls as long as you have both hands on the steering wheel. There have been thousands of accidents due to cell phone usage while driving all over the country. As a result, various jurisdictions took a position that no use of hand-held cell phones while driving is safe use.
Maxine de Villefranche is an attorney and civil general practitioner with 15 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
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