Philadelphia RowHome Magazine Fall 2019

Page 50

PRHTIPS FROM THE PROS

& RDER LAWO

does CBD = DUI? by FRANK C. DEPASQUALE JR., ESQUIRE

Q: Can you be charged with

a DUI if you use CBD oils you buy at a corner store? My friend smokes the oils and said he failed a DUI test because he tested positive for marijuana. No, a person can’t be charged with DUI as a result of using CBD oil legally purchased in a store because over-the-counter CBD is made from Hemp not marijuana. Hemp-based CBD is legal and contains less than .3% of THC, the psychoactive compound in marijuana that produces the “high” sensation. CBD oil made from marijuana is not sold over-the-counter and can only be purchased in a medical marijuana dispensary or illegally on the street. If your friend was charged with a DUI as a result of CBD oil consumption, he did not purchase it at a corner store.

A:

SL

Construction & Improvements LLC slrconstruction4@gmail.com Licensed and Insured

215-669-7248 215-260-0748 48

It forces people to pay the tax at the time of sale, as opposed to at the end of the year when you file your NJ state return, at a rate of 8.9% of the profit or 2% of the selling price, whichever is higher. It was enacted to stop people who move out of the state from not paying their taxes on income earned from the sale of a property.

Q: Can credit card com-

panies put a lien against my property if I can’t pay them? I thought unsecured debt can’t be attached as a lien. Credit card companies are getting very aggressive with collection of credit card debt. They are now filing suit against the cardholder and obtaining a judgment. The judgment then becomes a lien against the cardholder until paid.

A:

Q: What is NJ Exit Tax? I am

Frank C. DePasquale, Esq., is a member of the Philadelphia RowHome (PRH) Magazine Business Network.

A:

Once again, Frank DePasquale has been recognized by his peers as a Pennsylvania Super Lawyer for 2019. He heads DePasquale Law Offices, 2332-34 S. Broad Street, Philadelphia, PA 19145. P: 215.755.4410. Email him at frank@depasquale-law.com or visit www.depasquale-law.com

a senior citizen and my daughter wants me to move back to Philly. A friend said I have to pay an exit tax if I sell my house & move out of the state. It is a misnomer and not a tax on moving out of the state. It is a flat tax on the profit from the sale of a property in New Jersey.

| ROWHOME MAGAZINE | October / November / December 2019

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