Reference no: EM133855264
Choose hypotheticals from the options below.
Hypothetical 1
Jim and Dave are roommates living in Sauk Village, Illinois. Jim is an Illinois medical patient as defined by the Compassionate Use of Medical Cannabis Program Act. Jim uses Mission South Chicago for his medicinal cannabis needs. Dave is a recreational user of cannabis and is looking for a new dispensary to try. Jim recommends Mission to Dave and reminds him that due to the COVID pandemic, masks are required to be worn in the dispensary. Dave begins to shop at Mission for his cannabis needs. One day, Susan (Dave's new anti-cannabis girlfriend) sees a man she believes to be Dave leaving Mission Dispensary. Despite the man wearing a mask, Susan is sure it is Dave. Susan is also furious that Dave is "partaking of the devil's lettuce" as she is vehemently against the use of cannabis. Susan believes any use of cannabis is morally reprehensible.
To confirm it was Dave, Susan enters the dispensary. Once Susan is in the dispensary, she explains to the budtender that her husband was just in the building and had questions about the dosages of his purchase. She describes what the man was wearing, and the budtender remembers him as Jim. The budtender tells Susan the medication prescribed to Jim Thomson was a tincture, 6 drops to be used every 4-6 hours, and a disposable vape pen to be used as needed for treatment of chemotherapy related nausea and loss of appetite, migraines, and pain associated with his testicular cancer. The budtender then says it takes about 45-60 minutes for the tincture to take effect and Jim should try to use it prior to the onset of pain for it to be most effective. Susan is shocked that it was not Dave and that it is his roommate Jim. Susan thanks the budtender for clarifying the dosage and leaves the dispensary. Susan proceeds to call her sister, Bianca, and tell her about Jim's medical conditions and cannabis use. Bianca works with Jim at the local deli and is concerned his cannabis use can affect his employment. Although the cannabis use has not affected Jim's work, Bianca tells their boss and states either Jim is fired, or she quits because she will not risk working with a drug addict. The employer does not fire Jim or send him for drug testing. As a result, Bianca quits.
Discuss what violations, if any, have occurred. Please cite the relevant Illinois statute when answering the question. Please be prepared to discuss the fact pattern, your analysis, and conclusion in class.
Hypothetical 2
Mary lives in Illinois and uses cannabis recreationally. She uses her local dispensary to purchase her cannabis products. Eventually, Mary decides the price of cannabis is too high. As such, she starts saving any seeds she finds in her dispensary flower. Mary plants these seeds and begins to cultivate the plants. She starts with 2 plants. After the first two plants grow and cure successfully, Mary plants 6 more plants. She then starts cloning these plants. She purchases a greenhouse because she wants to grow one crop of organic cannabis to see if there is a substantial difference between her hydroponic system and dirt grown plants. At this time, Mary has 20 clones that she transfers to the greenhouse.
One day, Mary's neighbor sees Mary in the yard and is intrigued by the greenhouse. Neighbor asks Mary over the fence what she is doing with the greenhouse. Mary tells neighbor she is growing vegetables, fruits, and herbs because the price of these items is very expensive, and she wants to save a bit of money. Neighbor and Mary go their separate ways but from time to time will ask Mary how her gardening adventures are going. Mary always responds that her garden is always thriving to her amazement. One weekend, Mary goes out of town and Neighbor has a BBQ. Neighbor forgets to get tomatoes for the burgers and decides he will take some from Mary's greenhouse and pay her back for them when she returns home.
When Neighbor enters the greenhouse and finds only cannabis plants. He contacts the police. The police come to Mary's house and seize all the plants in the greenhouse before entering the home. The police did not receive a warrant to enter the yard, greenhouse, or home. The police seize 55 plants, the hydroponic system, the greenhouse, scales, and money that is located within the home. When Mary returns, she is arrested for possession of marijuana, possession of paraphernalia, possession of marijuana with intent to distribute, and marijuana cultivation. Please discuss what violations, if any, have occurred. Please cite the relevant statutes when answering the question. Please be prepared to discuss the fact pattern, your analysis, and conclusion in class.
Hypothetical 3
Stella owns and operates the Fat Cat Café. The Fat Cat Café is in Lansing, Illinois. Stella wants to convert the Fat Cat Café into an onsite cannabis consumption operation. Stella plans on providing live entertainment, game nights, and consume and craft events. In addition to on site consumption, she would like to sell cannabis edibles and infused drinks. Please discuss whether Stella would be permitted to open the business, what steps she would be required to take to open the business and obtain licensing, and any other applicable laws. Also discuss any issues that may hinder the establishment of Stella's business.
Hypothetical 4
Bob lives in Dyer, Indiana. Bob works in Chicago and on his way home from work will occasionally frequent Mission South Chicago. When Bob frequents Mission, he purchases pre-rolls for consumption. Bob will leave Mission and immediately open the product and begin to smoke as he walks to his car. Bob will finish the pre-roll while driving home. Sometimes Bob will snub the pre-roll and begin to smoke again once he is closer to his home. Occasionally, this results in Bob finishing the pre-roll in his driveway. Bob does this every time he goes to Mission. Please discuss what violations, if any, have occurred. Please cite the relevant statutes when answering the question. Please be prepared to discuss the fact pattern, your analysis, and conclusion in class.
Hypothetical 5
Bryan uses Incredible Edible bars to help relieve his insomnia. Each Incredible Edible is 100 mg of THC total. The dosage is 1 piece at 10 mg per piece. Normally, Bryan takes 2 doses equaling 20 mg to fall asleep. One night, Bryan is unable to fall asleep after taking 20 mg. At 2:30 AM, Bryan decides he really needs to get some sleep. As such, Bryan eats the last 8 pieces of the bar and within the hour, falls asleep. Bryan wakes up at 6 AM to go to work. While driving to work, Bryan starts to nod off. Deciding he is too tired to be driving, he stops at Dunkin and gets a large coffee. While turning out of Dunkin, Bryan does not see a car coming and cuts it off. After cutting the car off, he proceeds to drive 5 mph under the speed limit. Additionally, he stops his vehicle 10 feet before a stop sign and slowly creeps up and through the intersection. At the next stop sign, he repeats the process, stopping 10 feet before the stop sign and slowly creeping through the intersection. After proceeding through the intersection, Bryan is pulled over. When the officer approaches Bryan's vehicle, he notes that Bryan has slowed, mumbled speech; glossy, blood-shot eyes with dilated pupils, and that he is fidgeting and nervous. The officer asks Bryan if is under the influence of any drugs or alcohol to which Bryan responds he is not. The officer proceeds to perform sobriety tests and Bryan is arrested. Please discuss what violations, if any, have occurred. Please cite the relevant statutes when answering the question. Please be prepared to discuss the fact pattern, your analysis, and conclusion in class.
Hypothetical 6
Sandy rents an apartment from Dan. Dan has a strict no smoking policy for all his rental units. Sandy smokes cigarettes and has received permission from Dan to smoke only cigarettes in the outdoor common area. When Illinois legalized cannabis, Sandy started vaping cannabis. Sandy vapes in her apartment every day and in the common areas. The neighbor complains to Dan that he can smell cannabis but does not know from what unit. The neighbor begins to note when he smells the cannabis, and it is usually at the times when Sandy is home. The neighbor tells the neighbor and Dan investigates. Dan determines the cannabis smell is coming from Sandy's unit. Dan issues a notice to Sandy reminding her that cannabis consumption is not allowed on the premise despite him making an exception for cigarettes in the outdoor common area. The problem stops for a few months but begins again. At this time, Dan files an eviction proceeding against Sandy. Sandy disputes the eviction and the clause in the lease prohibiting marijuana use. Please discuss what violations, if any, have occurred. Please cite the relevant statutes when answering the question. Please be prepared to discuss the fact pattern, your analysis, and conclusion in class.
Hypothetical 7
Nick purchases cannabis at several dispensaries throughout Illinois. When Nick is done making purchases, he travels to home in Indiana. Nick uses the cannabis for personal use. Last year, Nick lost his job due to the COVID pandemic. As a result, Nick starts selling the cannabis he has purchased in Illinois to make extra money. First, Nick only deals to his close friends and some family members. Due to cannabis being illegal in Indiana, more people start coming to Nick for their cannabis purchases. Nick begins traveling to Michigan as well as Illinois to keep up with the demand for product and to add some variety. One day, while on his way home from making purchases at the dispensary in Illinois, Nick is pulled over for speeding right before crossing the Indiana border. The officer sees the dispensary bag in the passenger seat and arrests Nick. The officer also seizes Nick's vehicle and $1,200 in cash. Nick argues the property should not be taken. Please discuss what violations, if any, have occurred. Please cite the relevant statutes when answering the question. Please be prepared to discuss the fact pattern, your analysis, and conclusion in class.
Hypothetical 8
George and Angie want to open an adult-use cannabis dispensary. They do not wish to sell medical cannabis, only adult-use. They currently own a liquor store and are familiar with the Illinois laws regarding their alcohol sales but do not know where to begin to open an adult-use marijuana dispensary. They would like to know what they need to do to open an adult-use marijuana dispensary, what their tax responsibilities and liabilities are, and if there are any loan programs available for them to fund their business venture. Please answer by fully explaining what they are required to do to obtain an adult-use marijuana dispensary license, including the licensing cost; the tax responsibilities and liabilities, and whether there are any grant or loan options available to them and what criteria they would need to meet to receive those grants or loans.
Hypothetical 9
Sam, Gus , and Oswald are siblings. Sam is 21 years old; Gus is 18 years old; and Oswald is 15. Sam and Gus frequently smoke cannabis together. One day, Sam and Gus give Oswald a ride to school. On the drive, Sam and Gus smoke a blunt together. They finish the blunt before they arrive at the school to drop off Oswald. When Oswald arrives at his first class, his teacher smells cannabis smoke on him. Concerned, the teacher confronts Oswald about the cannabis odor emitting from his person. Oswald denies smoking cannabis. Due to mandatory reporting laws, the teacher reports the incident. Child protective services is called to investigate, and it is revealed that Sam and Gus often smoke around Oswald and occasionally include Oswald. Oswald is removed from the home and placed with his Aunt B for the duration of the investigation. Please discuss what violations, if any, have occurred. Please cite the relevant statutes when answering the question. Please be prepared to discuss the fact pattern, your analysis, and conclusion in class.
Hypothetical 10
Dragan and Igor are students at Morgan Park Academy. Dragan and Igor hatch a plan to steal weed from Dragan's brother so they can smoke before attending the Disturbed concert. Dragan takes the weed from his brother's room before school on Friday. Dragan texts Igor that he took about an 1/8 and that should be enough for the concert. When Dragan arrives at school, he is met by several of his friends who ask if he has the weed. He responds in the affirmative and one cautious classmate warns he can get in trouble if he is caught with it. Dragan replies it's triple bagged so there is no way he can get caught if he keeps it in his locker all day. At lunch, a lunch monitor overhears a group of students talking about how Igor and Dragan are going to be getting so stoned before the concert and how jealous they are. Concerned, the lunch lady reports this incident to the principal. On this tip, the principal searches Dragan and Igor and find the marijuana in Dragan's locker. The principal calls the police and Dragan is arrested. Dragan argues the search was unreasonable and not allowed to be performed by the principal. Please discuss what violations, if any, have occurred. Please cite the relevant statutes when answering the question. Please be prepared to discuss the fact pattern, your analysis, and conclusion in class.