Drug Felon,living In My Home With My Plants Growing

[trix]

One of my close friends lost his home and needs a place to live... HE HAS DRUG FELONIES, does this impair me from growing my meds??

 

This is very important to me, I cant choose marijuana over a friend, I can't ethically do that???

[wingnut]

I have one question is this person on prole or any thing like that? I ask because what if leo comes looking for him. I know you may have card in hand but if it was me IDK.

[trix]

he is currently 30yrs old but was convicted of Manufacturer &Distribution of Marijuana, procession of Marijuana, procession of cocaine under 25grm when he was 20, served 1 or so yrs and was on parole for 2 yrs. but currently he is off parole and has not been in trouble with LE since that incident.

 

Even If this is against the law, I don't think I could turn a friend in need of help away.

But I truly need MM to stop my pain and anxiety, without I will struggle to continue staying sober from narcotics?

I'm at a wall guy/girls any opinions???

is a friend in need worth risking losing my medical privileges? I'm stuck on yes

 

I don't wanna post another but From what I have read in the law you cannot grow or process any ANY marijuana if there is a child residing in the home w/ a grow room.

need advise on this as well many ppl I know are parents with children.. I will post the legislate law that states this. have to locate again.

 

Thank you for you interest,

Trix

[peanutbutter]

Please keep in mind that any PO could walk into your home without a warrant.

 

The grow area would have to be off limits to this person, unless they were a mmj patient.

 

You would be able to be a caregiver still.

[trix]

but is that the law or just your personal opinion?

[peanutbutter]

but is that the law or just your personal opinion?

You're ability to be a caregiver? As long as you're not the one with a drug related felony conviction, you're good to go.

 

legally

 

There could be a world of do-do because of this persons PO directed at that person.

[trix]

R 333.125 Revocation; nullification. Rule 25. (1) A registered qualifying patient or registered primary caregiver who has been convicted of selling marihuana to someone who is not allowed to use marihuana for medical purposes under the act, shall have his or her registry identification card revoked and may be found guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana. (2) A registry identification card that is later determined to be based on fraudulent information is null and void and of no effect. (3) Any person who has been convicted of a felony involving illegal drugs shall not serve as a qualifying patient's primary caregiver under the act. (4) The department shall send written notice by certified mail to a registered qualifying patient or the patient's registered primary caregiver of any of the following: (a) An intent to revoke or nullify a registry identification card. (B) That a primary caregiver no longer qualifies for approval under the act based on a felony drug conviction. (5) The notice referenced in subrule (4) of this rule shall include the right to request a contested case hearing. If the request for hearing is not filed with the department within 21 days from the date the notice was mailed by the department, the right to request a contested case hearing shall be waived.

From what I see it states nothing about a felon Living in the grow house... But then again I thought a stem(clone)without a root was legal until people began showing otherwise... =/I'm working on helping him retain his medical records so he can obtain his MMJ registry card and I will be is caregiver. its the "what if that scares me on this topic".

[peanutbutter]

I think I understand now.

 

Say the person applied for their mmj card. They list you as caregiver. You begin to supply them before the card arrives.

 

Later you find out they were disqualified somehow from being a patient.

 

That would indeed be a problem.

 

Some light on that possible situation:

 

Reps from the MDCH testified before MI Congress. (from my memory now .. )

They said they knew within fifteen days if they will need to reject the application.

 

And they've done pretty good at notifying people in that time frame. (as far as I know)

 

So if that rejection letter doesn't come in the mail box, in that 20 days, there is about a 99% probability it never will.

 

You are not supposed to be able to be arrested for helping someone with medical marijuana. Not if the person is within the limits. That is the entire reason for the ID card. The cards are supposed to keep court dockets clean from these cases.

 

Judges wishing to reduce their workload might wish to inquire if defendants are possible medical cases. Smart PA's might wish to do it for the judges .. just to save the court's time.

[peanutbutter]

It is possible that the parole department could make a stink.

 

I don't believe there are favorable cases from that front line.

 

I remember (in the fog) about one case with a parole agency. I don't think it went our way.

 

So what you are talking about is front line stuff.

 

I believe you are legal .. but it doesn't matter what I believe the law says. It matters what the judge says the law says. In the near term, at least. And it can be very expensive to be right.

[vitamink]

Seems yer friend is off papers then there is no issues patient or not... locked sucure facility is key

[phaquetoo]

he is currently 30yrs old but was convicted of Manufacturer &Distribution of Marijuana, procession of Marijuana, procession of cocaine under 25grm when he was 20, served 1 or so yrs and was on parole for 2 yrs. but currently he is off parole and has not been in trouble with LE since that incident.

 

Even If this is against the law, I don't think I could turn a friend in need of help away.

But I truly need MM to stop my pain and anxiety, without I will struggle to continue staying sober from narcotics?

I'm at a wall guy/girls any opinions???

is a friend in need worth risking losing my medical privileges? I'm stuck on yes

 

I don't wanna post another but From what I have read in the law you cannot grow or process any ANY marijuana if there is a child residing in the home w/ a grow room.

need advise on this as well many ppl I know are parents with children.. I will post the legislate law that states this. have to locate again.

 

Thank you for you interest,

Trix

 

I would think as long as you are in your limits, you will be ok, it is him that should worry, im sure he is not supposed to be around that!

if your going by the book your good, he is the one that will get in trouble!

 

Free the Weed and your friend!

Jim

[trix]

vitamink, I believe thats the best option for me until I know the legal rights I have. just keep the grow locked until he possesses his patient card, which is whole different argument "locked grow room" to me is a fire hazard (what I can't see will hurt me).

 

Thank you for replying on this subject

Trix

[MiMedicalMJ]

Tough call, only way to get a solid answer would be an atty.

 

I think it could be an issue but I am not atty so in reality with I think is worthless haha

[miko]

are you the same guy that posted a picture of a gun? I do know felons cant be around guns. that would be my biggest worry. and where does it say in the law that you cant have kids living in the same house as a legal grow?

[tooldini]

I personally have never seen anything about kids in the law. I agree with Phaquetoo I would just stay in the limits and stay low. Just don't run around talking about it.

[phaquetoo]

I personally have never seen anything about kids in the law. I agree with Phaquetoo I would just stay in the limits and stay low. Just don't run around talking about it.

 

amen brother!

[bobandtorey]

Tough call, only way to get a solid answer would be an atty.

 

I think it could be an issue but I am not atty so in reality with I think is worthless haha

 

 

this may be true But the Lawyer will tell you it's up to the judge

[Michael Komorn]

There is nothing in the MMMA that specifically prohibits who a patient or caregiver may live with. Also no one should ever know where a caregiver is growing for their patient because this information is (at least at this time) not required to be revealed. If your friend is not on parole or probation, then no one connected to LEO should be stopping by your house, to see how your friend is doing. If the question is just living with you, i say look at

 

section 4 (i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

 

This is currently my favorite section in the statute, and i know that sounds like something a nerd lawyer would say, not knocking nerds either. Here is why, amongst other reasons

1. it is in section 4 and protects you from arrest.

2. it protects all persons, notice the "a person" at the paragraph start, not patient, caregiver.

3. All persons are protected, and this sections acknowledges that sometimes persons may just be merely present while patient and caregivers are doing there thing.

4. It protects all persons for assisting and helping a registered qualified patient with the medical use of marihuana.

 

Definitions section (e) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

The most important thing you could do however would be to make certain that the room is locked, double locked, and no one can get in. If your friend is not a patient (felons can be patients, and they can be there own caregivers and then there would not be an issue) the law would say he can not be in it.

I have to add the disclaimer that even if what i say is correct, there are some crazy interpretations being made by LEO about the mmma, and if LEO wants to arrest you they will, and if you resist they will add the charge of resisting arrest.

Bottom line is the law does not prohibit it, and if something did happen, i believe the law has a place that protects you and your friend. Weather a judge or jury would agree, is the x factor. I know this is not a bottom line, this is the way it is and this is what you should do answer but i hope it helps.

 

 

Michael Komorn

 

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Email: Michael@komornlaw.com

 

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[MiMedicalMJ]

Thank you very much Mr. Komorn!

[trix]

Thank you all for sharing your thoughts and advice and knowledge on this thread....

 

trix