I have a tenant living in one of my rental properties in California and he has a cannabis card giving him permission to smoke Marijuana for a problem in his right arm and hand. While over at the property to do a repair I noticed that they are now growing plants in the garage. They have a little sophisticated growing setup in the garage but I don't know how many plants are inside. My question is how does this affect me as an owner and Landlord and what legal responsibilities do I have. Also what legal problems could be brought against me for knowing about it or allowing it? Can I make them get rid of the plants?
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Owners rights as Tenant has Marijuana card and is growing plants.
- Thread Starter dmcm2008
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presutin
Moderator
You need to report this people to the police ASAP. Being allowed to carry a card and use cannabis for medicinal purposes is one thing. Growing the plant is a completely different matter!! Make sure you consult with an attorney in your state as far as what are the legal ramifications that can spill over on you when the police moves into the investigation stages.
California Prop 215 & California SB 420, section 11362.77 states that qualified patients and primary caregivers may " . . .maintain no more than six mature or 12 immature marijuana plants.. ." However, the physician may legally recommend that certain qualified patients need more. Counties and cities may set guidelines exceeding, but not reducing, the state limits.
I know that this is still a felony under federal law but what I am really concerned with is I have heard I can loose my house under federal law.
I know that this is still a felony under federal law but what I am really concerned with is I have heard I can loose my house under federal law.
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presutin
Moderator
That is why I was advising you to seek the counsel of an attorney to avoid major legal issues if you feel that the amounts being grown are exceeding town and state regulations and you feel that they are growing the cannabis for other purposes besides medicinal use. Good luck to you!
Growing Plants IS AS LEGAL as using cannabis. NO Difference.
I was wondering who these people are that act like they know the laws. Where you just guessing what is legal or not? The laws cover cultivation and possession of marijuana.
I was wondering who these people are that act like they know the laws. Where you just guessing what is legal or not? The laws cover cultivation and possession of marijuana.
CdwJava
Moderator
This thread is two years old. The original parties have likely moved on.
mightymoose
Moderator
You needn't worry about the federal government taking your house unless there is a large operation going on in that house... meaning sales and large quantities, and even then it is unlikely to happen.
Report it to your local PD or sheriff. There may be county ordinances that regulate how and where the plants may be grown. If they are out of compliance then they may take the plants.
in my county a new ordinance has gone into effect that requires the plants be grown indoors in a secure facility and that the plants not be visible from the outside. There are other elements to the ordinance that, in effect, make it unlikely that any casual grower is in compliance with. Once advised of the ordinance a couple weeks are given to come within compliance, and then the plants are taken.
You might want to consider putting something into your lease that forbids this. Also, if you are paying for the water that feeds these plants, you might consider raising the rent.
Report it to your local PD or sheriff. There may be county ordinances that regulate how and where the plants may be grown. If they are out of compliance then they may take the plants.
in my county a new ordinance has gone into effect that requires the plants be grown indoors in a secure facility and that the plants not be visible from the outside. There are other elements to the ordinance that, in effect, make it unlikely that any casual grower is in compliance with. Once advised of the ordinance a couple weeks are given to come within compliance, and then the plants are taken.
You might want to consider putting something into your lease that forbids this. Also, if you are paying for the water that feeds these plants, you might consider raising the rent.
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