Will Knows Weed, Marijuana in Virginia, Weed in Virginia, Criminal Charges, Recreational Use of Weed, Legalization of Marijuana.
What To Do When… Will Knows Weed.
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Watch Related What To Do When… Episode: WTDW Podcast | Episode 52: What To Do When… You Grow Your Own Weed.
WTDW Podcast | Episode 49: What To Do When… Will Knows Weed.
What To Do When… Intro 00:01
Welcome to What To Do When… A podcast from real lawyers with real perspective, where we explore a variety of legal issues and scenarios. Each week we focus on a new topic and discuss what to do when and if any of these legal scenarios ever happened to you or a loved one. With over 40 years of combined legal experience, our hosts offer their unique perspectives and insights on a range of real life legal situations.
Scott Cardani 0:34
Hello, and welcome to another episode of what to do when a podcast of Critzer Cardani. I’m Scott, and I’m here with Will today.
Will Smith III 0:37
Hi Scott, what have we got on the docket for today?
Scott Cardani 0:39
We’re going to do ‘Will Knows Weed’ again. We’re gonna update that. I think that’s a very popular podcast. But also we just feel like the laws changed enough. We want to bring you back in here and get some people some information.
So, absolutely. I wore my green tie today.
Well, that’s exactly right.
Will Smith III 0:54
Yeah, it’s been a little bit since we last discussed this topic. You know, as we know, back in 2021, our general assembly decriminalized the possession of marijuana to one ounce. And so people I know, have a number of questions regarding you know, what your what you can do what you can’t do, and want to be able to, you know, make sure that they’re following the law when they’re using their marijuana, whether recreationally or medically.
Scott Cardani 1:17
And also to know that, you know, we are here to help you because there are people who are getting charged with possession and all kinds of things, and you got to know the law, but you need to have somebody to help you. So we’re here Critzer Cardani is here for you, and Will’s here for you if you get in that situation. We just wanted to update you. I think one of the big things Will is – what’s been on my mind and I was talking to you before is potency. Is there a difference between the marijuana my family because I didn’t smoke, but you know, people in my family or Caleb or somebody else did 20 years ago versus today?
Will Smith III 1:51
Yeah, absolutely. I think that what we’re seeing is that, you know, these different growers have the ability to manipulate the level of THC in each product. And so, whereas 20 years ago, you might have had, you know, maybe 5% or maybe 10% THC in the marijuana you were smoking. I mean, nowadays, we’re looking at, typically, I think, you know, in the upper 20s, into the 30s. But I know that you can go as high as like 90%.
Scott Cardani 1:54
Will Smith III 1:57
The potency has certainly increased.
Scott Cardani 2:20
You know, which, quite frankly, and people don’t like to hear this. I know the key grower community be up my case, but nobody can tell me that when you’re using 90% or 80%, the addiction rate isn’t going up. And you know, we’ve always couched this drug as non addictive, but you and I see it every day where people can’t give it up for a day to go to court, let alone a week. So as people would tell me all day long, it’s not addictive, but I see the actual evidence out there.
Will Smith III 2:48
I smell in the courthouse every day, but somebody’s got it on him, you know. But yeah, and I think that, you know, one of the things that, you know, we can discuss, but that is important, is that yeah, I think that marijuana now is just like so many other drugs. You know, when you’re talking about we have plenty of clients that have had addiction issues with other substances, whether it be cocaine, heroin, meth, something like that, you know, they’re always looking for the most potent thing. They’re always trying to get the strongest drug. And so now, you still now you have people that are possessing marijuana recreationally, they’re still trying to get the most the strongest thing they possibly can. And so one of the problems that we have is when this isn’t completely regulated, because it’s not, you know, up for sale yet, under our laws, people still trying to get the most potent stuff. But watch out what you’re getting.
Scott Cardani 3:36
Why do you mean by that?
Will Smith III 3:37
I told you, you know, I have a client that, you know, was on some type of probation, he was allowed to smoke or use marijuana while on probation. And then one day, after a random drug screen, he came back that he was positive for fentanyl. And, you know, I know that we all have concerns about fentanyl right now and everybody, the whole country, the whole world right now is concerned. I mean, you can’t see it, you can’t smell it, you can’t taste it. But if it’s there, we know that it can be deadly. And so people that are, you know, picking up their marijuana from somebody off the street, or somebody that they know or think that they know, you know, might be lacing it with something that’s a lot more potent, and that unfortunately, is what they’re looking for. But, you know, that’s something that you should certainly be be wary of. And careful when you’re when you’re thinking about purchasing.
Scott Cardani 4:20
Now, people do this all the time, people you know, we it’s like, you know, if your object is to get high, you’re gonna pick the dealer with the best high. And so that dealer is really marketing himself as the best high and he’s going to, I mean, lacing marijuana has been going on forever, but it wasn’t as bad or as dangerous. I don’t think as it is now because now, not only is the potency so much higher, but now you’re lacing it with something else. I remember when I was a kid, actually a friend of mine took a couple hits of a joint at a basketball game where he started to play basketball, and he thought he was cool. And I don’t even think he really liked to smoke. He’s just trying to be cool, but he had this whole freak out. We had in him the hospital was it was laced with PCP, and he had no idea. So things like that happened, but Now it’s just so prevalent. I mean, and so we’re, we’re out here kind of warning you, man, you got to really know what you’re doing. Be really careful. The dealers don’t have your best interest at hand.
Will Smith III 5:11
They’re trying to make a buck like everybody else, right?
Scott Cardani 5:13
And they want to be the best on the market. So whatever they pop in, they can pop in to whatever makes it work.
Will Smith III 5:18
Absolutely, absolutely. So that’s something certainly that I think that people need to be aware of, you know, because right now, especially you can purchase for medicinal purposes right now. So we have a couple of dispensaries around Richmond, you know, where we’re located, where people are able to go in with their medical card and purchase, you know, whatever they whatever they want.
Scott Cardani 5:34
Do you have to have a medical card now?
Will Smith III 5:36
Currently, you still do. Yeah, you know, I do know also that it’s, it’s pretty easy to get, kind of go online on some of these dispensaries, and they’ll basically direct you to an online doctor who help you be able to get that card. So if you have something you’re really looking to do, those options are certainly out there. And I will say, at least, if this is something that you’re using for medicinal purposes, it is safer, right? To be able to go purchase it from someplace where it’s at least partially regulated, partially regulated. I mean, it’s, it’s kind of like when you’re comparing, you know, alcohol that you’ve found it, you’re 711 compared to people making moonshine in their backyard, so at least you know, because they haven’t listed how potent these different things that you are buying from them are.
Scott Cardani 6:15
That’s good, and the likelihood of lacing it is less. So what’s a lot? Well, if I’m, I have my medical marijuana card, which I don’t. But if I had one, and I was gonna go get some marijuana, and I’m, you know, say I go can I go to like three dispensaries and get three different doses if I want to, or how’s that work?
Will Smith III 6:32
Well, under Yeah, under Virginia law, you don’t. And again, I want to say though, you don’t have to just have medical medical card in order to buy it you can or to buy, you need a medical card, but to get it or possess it, you don’t. So if you have it recreationally, whether you grow it or got it from somebody who gave it to you. And there’s nothing wrong with that, okay. But when we’re talking about how much you can possess and have on you at one time, the law states that you have to be 21 years or older. And you can possess up to one ounce.
Scott Cardani 6:59
Did you hear that juveniles? 21 years or older, it’s not legal for you, unfortunately. But people really need to know that mom and dad, you really need to know that just because your kid, you think it’s okay, it isn’t. It’s like alcohol, your it can come back on you contributing, all kinds of stuff. But anyway.
Will Smith III 7:13
Absolutely, Absolutely.. So you know, 21 years up to one ounce. We also have, you know, laws that allow you to grow. So even though you can’t buy it recreationally, yet, you can grow it and use it recreationally that way. You can also grow it and give it to somebody and have or give it up to one ounce. But if you’re more than one ounce then you could be…
Scott Cardani 7:33
Are we still in the seed, stem, leaf whole thing and separate all that out? Or is it just one once?
Will Smith III 7:38
Weight, weight, weight. So yeah, it’s not like it’s just the buds. I mean, if you have, you know, half an ounce worth of stems and seeds, you’re still on the hook there too.
Scott Cardani 7:49
I just wanted to make sure because I remember Wow, years and years ago, they would try to parse all that out. No, that was sort of ridiculous for myself. But so you know, if you’re buying and especially off the street, you could be thinking you’re getting an ounce and have a little more than an ounce or a little less than that, obviously.
Will Smith III 8:07
Sure, sure, sure – and so that’s the thing, too, is I mean, unless you’re in there weighing it yourself, and you know exactly what you’re getting, if you get pulled over. You know, Officer smells, so you can still be arrested for distribution. So if you have up to a certain amount, you can still be arrested for distribution. So if your officer says, you know that he has probable cause, you know, to make an arrest based on this or that. And it turns out, yeah, you have an ounce and a half, right? You just didn’t know it, then you’re potentially in some trouble with the law.
Scott Cardani 8:32
All right. Let me that’s another thing since you brought up but so I’m racing down 64. And I’m doing 89 and 70. And I get pulled. And my car’s blowin’ up with marijuana because I’m smoking and drive in which, again, legal or illegal smoking and driving?
Will Smith III 8:50
Scott Cardani 8:51
Will Smith III 8:52
The only place that… lol – talking about being at the courthouse right? And being in the parking lot of the courthouse is sometimes but you know, one of the things that people don’t realize is that in order to use it, you have to be in a private place. So whether it’s in your home or some other private location, you are in violation of the law if you’re out smoking in public, and so meaning, right, you’re driving around your car smoking a joint. Yeah.
Scott Cardani 9:13
I mean, I pulled up behind someone the other day coming into the office, like they must had a blunt that was an inch big. And I’m thinking my center just like, big deal going out the window. And I’m like, wow, how does that affect DUI? I mean, driving under the influence. Is that concern for people who are possessing because I know we don’t currently we don’t have a breathalyzer for marijuana, correct?
Will Smith III 9:31
Correct. So the problem is that, you know, we still have is that the tests that they’re going to give you to see if your driving impaired are still the same test they’re going to give you for a DUI, unfortunately, unfortunately, for law enforcement, it’s not so much unfortunate for us and the people that were defending. You know, those tests don’t really test the same things that they need to show that show that you’re impaired under marijuana. And so that’s one of those things where you They can certainly say that they believe that you’re impaired in your appear driver, they smell it, they saw it, they did whatever. And so, you know, you could potentially get a DUI, you know, for driving under the influence of marijuana.
Scott Cardani 10:11
And to be clear, we’re not seeing many, much of that right now. We’re, it seems like officers are sort of shying away from because and I think it’s partly because they don’t have the tools. And as the law goes, so often we jump ahead to something without putting in the support mechanism before we jump ahead. And I think that’s marijuana is nutshell, we did have, we have absolutely almost zero way for officers to test it other than a blood test or a urine test, but nobody’s going to be peeing in a cup on the side of the road. So, you know, we’re, we’re kind of limited in that. So anyways, that’s a whole nother subject. But just food to think that doesn’t mean you know, we don’t want people impaired on the roads period as as a law firm or anything else. But it’s just what we’re just trying to help people think about things and be smart, you shouldn’t be driving and smoking, just like we’d say you shouldn’t be drinking and driving.
Will Smith III 10:11
That’s right. I mean, I mean, think about if you’re taking prescription medicine, right, you have Percocet, you have Xanax, you have something like that, would you get behind the wheel?
Scott Cardani 11:05
Yeah, exactly. And you know, and it’s going to come out in a P, it’s going to come out in the personal injury law, I was trying to say DUI law, but the personal injury law is gonna start to affect us too. Because just like, alcohol is kind of like a, a raising factor of your liability and the amount of money you can get it’s going to be I think that’s going to play out eventually.
Will Smith III 11:23
Yeah, so I’m sure we’ll start seeing that. Well, again, I do want to go back to what you said about smoking, you know, what’s legal, what’s not legal. Some of the things that I want everybody to be mindful of is what, as far as, as far as what’s illegal, is you can’t posses more than one ounce marijuana. No one under the age of 21. Already said that. And I hope that people hear that. IF you sell it…right? So you can grow it, you can have your own plants, you can grow it, and then give it to somebody up to one ounce. But if they compensate you for that at all, then we’re looking at distribution charge.
Scott Cardani 11:56
You really can’t sell it. Hear that? It’s a cannot thing.
Will Smith III 12:01
Correct – And so I mean, if you are giving it to your friends or family or whoever, just make sure that they’re not paying you for all right. Also, same foods, so many other things, you know, you can’t possess it on school grounds. Obviously issues there. Can’t manufacture also. This is something that we see more and more of because people vape right? Is being able to press the marijuana, get the the wax that comes from it, and then finding a way to process that into like a cartridge. And so people are able to do that now, but it’s illegal in the state of Virginia to do it yourself. So you might be able to go down in Greenleef, G leaf, or someplace like that, and buy it but if you are at home trying to make it yourself, I think it’s dangerous. I think, you know, there’s butane involved and things like that. So I think that it’s more of a safety standpoint, but at least right now if you try to press your own marijuana into some type of wax or anything else like that, then you’re going to be running into some problems.
Scott Cardani 12:58
Okay, well, guys, we thank you for joining us today for another episode of Will Knows Weed. That’s our running joke here to office but it’s uh, you know, it really is a serious topic. You really need to know what’s going on. You need to know what’s going on for your kids. I think for us one of the biggest things for us as a law firm is everybody you know, when we decriminalize marijuana or things, you know what this is Uncle Johnny’s marijuana in the 70s. And it really isn’t. And the the amount of things that are happening to marijuana like we’re always talking about the lacing of marijuana to get the better high, the potency of the marijuana all things are really things to consider if this is something a path you’re going down to or something you’re encouraging your kids to do, because there’s some real side effects to this brain development other things and we just want you to be safe out there. If you need help, please contact Critzer Cardani and please like and subscribe. Thank you.
What To Do When… Outro 13:51
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