Happy New Year!

Whoever said money doesn't grow from trees obviously has never sold weed!

- Unknown

Nevada's legal marijuana establishments are set to open in 2014. Projections about the amount of money that this business will bring vary greatly from millions to billions. However, there are many important rules for individuals to remember as we ring in the New Year. These rules are important for individuals who are patients or those wishing to be involved in the medical marijuana business.

1.             You have a right to say “NO.”: If you are stopped by a police officer and they ask to search you or your car or your home, you can say “No.” You do not have to consent to a search.  It does not give a presumption of being guilty if you say “no.” Therefore, if you are pulled over or you are stopped, remember your right to say “no.” If you do not consent to the search, the officers have to get a search warrant, unless there are exigent circumstances such as the officer believes and individual’s safety is at risk.

Too often we are contacted by individuals who knew they had something in their trunk, but gave consent for the officers to search their trunk. Do not give consent. Even if you do not have anything illegal in your trunk or your house, you still do not have to give consent. So take a moment and think before you answer the question “May I search your ____.”

2.             You do not have to answer the officer’s questions.: It is your right to refuse to answer a question. If an officer is holding you, you do not have to answer the questions of the officer. Now sometimes, you may want to answer the officer’s question, for instance if he asks if you are a medical marijuana patient and you are, you may want to answer “yes” and show him your valid medical marijuana patient card. However, you do not have to answer the questions.

3.             You can request to speak with your attorney. If an officer is holding you or has arrested you, you can request to speak with your attorney. State very clearly, “I will not answer your questions until my attorney is present. My attorney is Connor & Connor Pllc and can be reached at 702-750-9139.”

If you have questions about Nevada's Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm's Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

Can I lose my kids if I am a medical marijuana patient?

Nevada has a constitutionally protected right for individuals to use marijuana for medicinal purposes. Therefore, one could argue that that use of medical marijuana, if recommended by a doctor, should not be a basis for removal of a parent's custodial rights to their child. However, the legal standard in Nevada, and many other states, in determining parental rights, is what is in the best interest of the child.

Some judges have found that although a parent has a legal right to use marijuana as a state licensed patient, the use of the medicine is not in the best interest of the child. Thus, these parents have lost rights to have overnight visits and have even been forced to have supervised visits. The issue currently is at the discretion of the family law judge that is assigned to the case.

The only way to change this is for the issue of whether the use of medical marijuana by a parent is a detriment to the child to be addressed by the Supreme Court of Nevada. However, until that happens, the parent who is a patient will face the burden of showing the judge who is assigned to the case that his or her medicinal use of  marijuana is not a detriment to the child. There is a presumption that being with the both parents (having shared custody) is in the best interest of the child and therefore arguably the parent who is patient should have equal access regardless of his or her use of marijuana.

However, be fair warned that there are judges in Nevada that view the medicinal use of marijuana to be detrimental to children and that those judges will likely reduce a parents custodial rights by finding that the use of medical marijuana around the child is not in the best interest of the child. The only way to change that ruling is to challenge it.

If you have questions regarding your parental rights and the use of medical marijuana, contact Connor & Connor PLLC today!

If you have questions about Nevada's Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm's Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.