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Old 08-24-2008, 03:29 AM   #1
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Post Can I get in trouble for roommate grow?

My roommate has a medical card from his doctor. We live in Cali and the law says that a cardholder may grow 6 mature plants. I don't have a medical card, but smoke sometimes. Would I get trouble if the LEO found out about the grow??? Maybe if the plants are in his room it would be ok? Does anyone know what would happen???

Thanks guys.
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Old 08-24-2008, 04:30 AM   #2
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if he is legal to grow in a state that is legal then NO.
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Old 08-24-2008, 09:38 AM   #3
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quit worry dont ya think its time to quit worry lol!
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Old 08-24-2008, 12:04 PM   #4
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They can't prove that it is his or yours, as long as it's in a mutually shared space or in his room. Toke away
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Old 08-24-2008, 12:30 PM   #5
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i think yeah because fed laws will trump state laws, and consider you fellons for operating and traffiking marijuana. Even if they charge you and you get out of it, it still sucks to be pulled out and cuffed and booked.
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Old 08-24-2008, 12:58 PM   #6
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If you get busted your roommate will have to admit to growing them without your knowledge. Or they can and prolly will charge you both.
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Old 08-24-2008, 01:04 PM   #7
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If ya li ve in Cal don't worrie they won't charge ya... I grow and my wife won't get in trouble... Just m ake sure your buddy grows his limits.lol
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Old 08-26-2008, 06:22 AM   #8
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why would he get in trouble unless he's over his limits? why would feds focus on your small little home grow? get familiar with some of the supreme court hearings and rulings.

Garden Grove CA supreme court ruled in favor of a patient, a precedent hearing telling all state leos to do their state duties and not the feds and that they can no longer take away a patient meds and if they do they must give it back.

There was also another recent ruling but being im a little ~inspired~ right now, remembrance is a negative.

although on 28 (? i could be wrong this is from memory) recent raids up north CA a state or fed told reporters they are not focusing on prop 215 patient, they are focusing on "for-profit organization" and illegal grows.

If a raid were to happen they would have to have a good reason for one. If there is such reasons then worry you must. If there isn't... than get your self a phatty bro.


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Old 08-26-2008, 07:54 AM   #9
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Quote:
Originally Posted by call_of_ktulu
My roommate has a medical card from his doctor. We live in Cali and the law says that a cardholder may grow 6 mature plants. I don't have a medical card, but smoke sometimes. Would I get trouble if the LEO found out about the grow??? Maybe if the plants are in his room it would be ok? Does anyone know what would happen???

Thanks guys.
In a room that belongs to another person other than those who live in it?

I think you need to read the contract between the person who owns the building and your roommate. Since it's illegal by FEDERAL law, then state law doesn't hold water. It just means that the STATE level cops won't bust him. The Feds can bust him any time they wish and it'll stick.

The people who own the building can call the FEDERAL drug forces on your roommate as soon as they're aware of a marijuana grow on THEIR property.

When using another's property, don't think that you ever have the right to do anything that is against federal law. You don't. In fact, those medical permissions will be something the other federal prisoners can share a laugh with you about from the next cell. They're meaningless in federal matters.
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Old 08-26-2008, 08:46 AM   #10
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Since there are two jurisdictions covering this (CA and USA FED) it's still against the law, period. If you live with him, and you have knowledge of the crime, as a citizen you are expected by the law to drop dime. Failure to do so equates to conspiracy at least -- making you complicit. You'd probably be able to wiggle out of it with probation. But it's still going to be a total pain in the ***. PS -- if you're smoking your roomies MEDIBUD and get caught, he loses his prescription and you're both busted!
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Old 08-26-2008, 11:22 AM   #11
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I have seen several cases where the feds 'refused' to get involved, because the "count" was too low. One, not so far from me, consisted of over 30 plants(we are allowed 6 mature plants). The local SO busted him, but the feds refused to prosecute it, becuse it did not meet 'their' criteria in numbers. The 'grower' alledgedly had caregiver cards to cover the numbers. The case is still in limbo at the "state" level.
There are also plenty of cases, where states have fought the fed's, and orderd the return of the med's and grow equiptment. (not that it ever happened, but at least the states are standing by "their" laws)
I'm NOT an attorney, but my thoughts ... If your roomy has a med card, and remains within the legal guide lines,I'm not sure that the landlord "legaly" can't do a thing about it within your local jurisdiction. He is "protected" by the law.. IMO. Local leo's hands are tied. They "must" uphold the law.
I've never heard of the feds getting involved in tenant/landlord eviction cases.And like I said before, "usually" are required to meet certain criteria(numbers) before they will get involved. In "most" cases, they are not interested in "trumping" local or state laws in med approved situations.

I'm not goiing to say it will never happen, or that it couldn't happen. Or that it wouldn't cost you a few grand in attorney fees. But I do believe that a 'good' mouthpiece could beat it, as long as "you" are not involved in the meds in any manner.
"His" grow should be in a locked room, with his med permit posted in a clearly visible location.

If I were you, I would look into applying for a "caretakers" card. I'm not even sure that you could/would qualify, but IMO, would be worth checking in to.
That should protect "you" from prosecution of 'his' grow.
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Old 08-26-2008, 11:59 AM   #12
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Just as Hick says; it depends on how much the Feds want you. If you are involved in anything that they would want you for, they could use one gram of weed to hold you on marijuana charges while they prepare their case against you for other things. It would give them something to hold you on.

As for prosecuting you federally, again, just as Hick says; it would have to be an amount that would interest them......usually.

There are always exceptions to rules.

Growing weed in someone elses building is never a good idea.

Way too easy to get busted, even if it's only being thrown out of the building with no notice. What a drag that would be.
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Old 08-26-2008, 12:13 PM   #13
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I agree 100% POTUS, I wouldn't want to 'encoourage' you to attempt to skirt any laws. And as he says, "there are exceptions". The feds could see it as beneficial in setting some precedence, or simply "pick" you out of the crowd to make an example of.
Even a local cop looking for a 'feather' for his bonnet, could take it upon himself to perform his "moral" obligation(no matter how misguided it maybe) and cuff you 'n stuff you.
They "do" have the guns, the badge, and the handcuffs to get err done. And untill you get to court with a judge and an attorney, you are at their mercy. It would likely cost you several grand in posting bonds, attorney fees, lost time from work, ect. ect. ect...and there is little if any repercussion you can take on the officer(s) or agency involved.
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Old 08-26-2008, 02:33 PM   #14
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Default Call wanted to know about the legal issues.

Speculation is fun and stuff, and everybody that has an interest follows the issues. But Call asked what's the legal issue. Now, I'm not a federal prosecutor or agent, but I am an attorney, and what I wrote is what I'd tell a client.

The real issue that comes to play is that it could ultimately cost Call in the long run -- hassle and embarrassment from being arrested, bail possibly and very easily atty fees to pull his tit out of the wringer. That's the 'real' legal matter. It doesn't matter what the feds guidelines are or what the state law dictates, the law is NOT brightline and there's always some PD commissioner or federal agenct with a stick up their ***, or that happen to get pissed off and make trouble for some poor bastard.

Until we get laws passed that injunct the feds from ******* with the states' rights nobody is truly safe. It never ceases to amaze me at how much peple in general "HATE" our little plant. The gov has done a great job at disinforming the citizenry of this fact, and they swallowed it down deep. I'm voting for the guy who'll call the feds off and you all should, too. Until then, keep the numbers legal and you're most likely OK.
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Old 08-26-2008, 03:05 PM   #15
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this is all such a heated debate/topic... the fact remains... growing mj is NOT allowed/legal when it all boils down to it... and it all comes down to the basic principle... if you wanna play... sometimes ya gotta pay....
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Old 08-26-2008, 03:29 PM   #16
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howdy folks, i'm a cali card holder and my #'s are right, and here's my take...i have very little confidence that if discovered i will get a "sorry to bother you, it was our mistake and we will inform the rest of our officers you are legal and to not be concerned." i do believe however that after a few thousand in attorney fee's and maybe a year or two i would be sucessful in getting it all dropped. reguardless of how right i am i really dont want to go through all that to prove it.
as far as getting busted for roomates grow...i think it would be similar. after all is said and done their is a good chance it will be dropped...but do you want to go through that! i say be just as careful as if your roomate was breakin the law. if noone knows noone will care. with that said, i dont think i would on any property that wasn't mine...you just don't have as many rights to protect you.
disclaimer; this is all just my paranoid opinion
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Old 08-26-2008, 04:54 PM   #17
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Hick is dead on. you really going to think feds gonna wasite thousands of $$$ and labor intensive work and paper work to raid a place with 20 plants?

in the end they do have a job to do. And california justices have already pulled the feds out from under california for undermining this state's laws. The federals are backing off their boot and focusing stepping in the direction of for-profit busts and illegals.

it doesn't mean crap if you knew he grow or didn't, make sure its set up correctly. Make sure there are papers up on the door or near the grow with the license number. Look online for a growers permit paper stating that there is a grow beyond this door and it is under prop 215 and everything is legal.


You do what you can on your end, That's really all you can do because if they want to get you they will. And you will end up doing what any other grower would. Go to court. State reasons of growing medically and personal use. Have written account of what happen and log of how many plants.

Being in a criminal defense office sometimes helps when most of the criminal defense has to do with small time pot tickets.


its starting to slow down. Focus is more on stupid pot heads who shows no respect and illegals.?


LYFR is right also. getting busted is one thing as getting it dropped is simple in california. Most DA won't even take MJ cases anymore. The real issue is if you really are a patient. You would have to stress and worry over court. fees. **** that shouldnt be there in the first place. for a sick person. or a person on MJ for anxiety or depression is even worse. Most suicides has happen this way...
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Old 08-26-2008, 10:13 PM   #18
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i haven't read much on the different states views on the mj issues.is there any legislation going on to bring this to the floor for some kind of changes,or is it at the state level.or up to each individual state?where i live you never hear anything about medical mj.only the ones being busted for mj.is there any internet site that has this info?i know dang well i qualify for the medical mj.but i live in the wrong state.whats the option,move or die waiting.and still growing and waiting on the leos.this mj topic has been blown out if proportion by these so called bible thumpers that sneak around doing there dirty.drinking,screwing the secretary and then raise hell about a little smoke,all because of politics.
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Old 10-30-2008, 12:27 AM   #19
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Old 10-31-2008, 03:44 AM   #20
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Quote:
Originally Posted by Gunlove
I'm voting for the guy who'll call the feds off and you all should, too. Until then, keep the numbers legal and you're most likely OK.
I know politics are forbidden here.. but I just hope you arent speaking of the man who wants to raise taxes...inforce MORE government and mislead people by talking his way around the prohibition along with everything else
..If so, Im sorry but he's a wolf in sheeps clothing. I dont discuss politics though... sorry mods I dont know whats wrong with me...
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