25 replies to this topic

[Growingbudz420]

Me and my brother are both patients and i just got my 3 year old son placed with me due to his mother not taking care of him it took like 2-3 months of cort and other things i had to do to have my son now we are being forced to move by our landlord I have no idea how the law works for moving our plants to a new home i just want to play by the rules I dont want to lose my son over something small like moveing any kind of info on this would be helpfull thank you.

[restlesslegs]

Me and my brother are both patients and i just got my 3 year old son placed with me due to his mother not taking care of him it took like 2-3 months of cort and other things i had to do to have my son now we are being forced to move by our landlord I have no idea how the law works for moving our plants to a new home i just want to play by the rules I dont want to lose my son over something small like moveing any kind of info on this would be helpfull thank you.

Personally I would not risk it. You might end up in court over something much more valuable then your plants. The way LEO and the courts are at the moment you never know where you stand and how harsh they will treat you.

[Growingbudz420]

Well the corts placed my son with me knowing that both me and my brother are card holders and we grow our own so the corts here seem fine with it as long as i am doing every thing by the books. We just dont know if we can lawfully transport our grows or how to go about it if not we would have to crop them early.

[Beans]

Not sure on legal methods

If I had to move plants in flower, black garbage bags and no deviations is the way I would go

But then I am an early riser

[pic book]

This is not special... your problem moving plants is done a hundred times a day. Folks use cube vans to move the plants, eqmt, etc. all at once. Common sense prevails. Move your card limit of plants only. Veh properly tagged, plated, lights working and sober at the wheel. Good luck and take it like you have a cop behind you all the way.

[restlesslegs]

Well the corts placed my son with me knowing that both me and my brother are card holders and we grow our own so the corts here seem fine with it as long as i am doing every thing by the books. We just dont know if we can lawfully transport our grows or how to go about it if not we would have to crop them early.

But is it legal to transport the plants is the question,and do you risk finding out, if your vehicle breaks down or you get in an accident or you have a flat tire or your tail light is out or you swerve to avoid hitting a dog and a police officer comes to help you or has to arrive at the scene, if it is legal? I am very leery of how the law looks at anything right now and the act does not state it is legal to transport plants so then you would be at their mercy. If they smell the marijuana plants if they were to pull you over for something when you move will you not have any active THC in your system?

You might try some alternatives to moving the plants yourself perhaps your brother can move them for you within the allotted amount he is allowed even if that means several trips or someone else you know who is legally allowed to possess plants. If there in budding you are looking at wet weight and you are probably going to be over the legal amount aren't you? That would solve the problem of transport to harvest them early.

Edited by restlesslegs, 10 May 2012 - 07:53 PM.

[Growingbudz420]

Both of our grows are in budding my brothers plants will be done before we move seeing as thay are autoflowering thay only take nine weeks from seed to harvest. Mine on the other hand are the larger species by the time we have to move thay will have about a month left so what im going to do is let them go untill the day we do and put them in bags in the trunk and haing them when we get there. thanks for all the info and tips it help alot.

[Celliach]

I moved about a year ago and I took my plants and wrapped them like a Xmas tree is wrapped during shipment. I used twist ties to keep the branches all gathered together around the main stem. Then I covered the plants with black contractor trash bags. The big heavy ones. I moved them at 2 am in the middle of the night. Nobody seemed to know anything about it.

[Topshelf]

Theres no law. Just move your plants.

I've done it twice with my entire 72 plant count, all in full flower.

Rent a Uhaul.

Good luck!!

[CaveatLector]

Theres no law. Just move your plants.

I've done it twice with my entire 72 plant count, all in full flower.

Rent a Uhaul.

Good luck!!

Plants are to be kept in an enclosed, locked facility. That is the law. Always keep them enclosed and locked or provide sufficient "other" security measures.

Keep in mind that "other" security is subject to interpretation so you could still wind up with charges and a seizure even if the end result is the charges are dismissed. I guarantee you that there are prosecutors out there that want to flesh out what "other" security really means. So I would suggest only moving if you must and then only discreetly. Cover of darkness is good but probably not right after bars close. Also, strictly observe traffic laws. Lastly, cover with contractor bags as has been suggested. Consider it illegal and proceed accordingly. That will help you mitigate problems.

[Croppled1]

I would think you could argue your vehicle was a locked and enclosed facility . The problem is if your confronted about driving and having a card . Covering them in bags and using the trunk would be preferable to the back seat if possible . I would consider having a non patient drive you with them to the new location after the COA Koons case . The main thing is be calm , polite and make sure the vehicle is legal , all equipment is operating properly and one obeys all traffic law . It will be done before you know it . Only each one of us can stop the fear that effects us . It is so hard but as a patient do not fear what has not happened yet as long as you are doing your best to comply with the Act in practical working application . Make sure you have a legal arguement incase of problems that is all you can do . If arrest would place you in danger of injury or death from lack of ones normal medical routine do curb activity and risk as much as possible again that is all you can do .

I must say I was a little worried when I received my genetics at a local market and they were transported down the road in my personal handicap equiped van with a 4 foot plant and 3 dozen cookies containing three/quarter oz's of high grade cannabis . At the same time it was a great feeling to know I had done all I could to be responsable and legal under the current Act in practical application as a patient . It is sad a law suppose to protect us from any problems is setting more people up for violations then before . Hang tough with peaceful intent and healing in your heart .

Edited by Croppled1, 11 May 2012 - 10:28 AM.

[pic book]

if a cube van does not qualify as locked and enclosed, does anything/

Edited by pic book, 11 May 2012 - 11:10 AM.

[restlesslegs]

My biggest concern for this is the fact we are talking about a man who just got his child back after a very long battle. I do not try to cause fear but only to be advised to be extremely cautious in a situation that is beyond just ourselves but involves a little innocent child who would have his whole world changed for something he has no control over. That child has already been through a lot. This would also affect this man deeply much more then just the thought or fear of being arrested or fighting it in jail. He is probably safe and won't have a problem but the law is not on our side and I would hate to see someone or even to think of the possibility of their family be so disrupted because of something like this.Ultimately in the end it is his decision.

[CaveatLector]

I would think you could argue your vehicle was a locked and enclosed facility . The problem is if your confronted about driving and having a card . Covering them in bags and using the trunk would be preferable to the back seat if possible . I would consider having a non patient drive you with them to the new location after the COA Koons case . The main thing is be calm , polite and make sure the vehicle is legal , all equipment is operating properly and one obeys all traffic law . It will be done before you know it . Only each one of us can stop the fear that effects us . It is so hard but as a patient do not fear what has not happened yet as long as you are doing your best to comply with the Act in practical working application . Make sure you have a legal arguement incase of problems that is all you can do . If arrest would place you in danger of injury or death from lack of ones normal medical routine do curb activity and risk as much as possible again that is all you can do .

Of course you can argue that your vehicle is an enclosed, locked facility. But do you want to have to argue that? Having to argue it means a judge can decide either way. So the point is to be discreet so you don't have to argue anything.

As far as having a non-patient drive I doubt that is a good idea. The definition of enclosed, locked facility requires that access only be allowed to a cg or a pt. I can see the argument now--the driver is in custody and control of the vehicle and therefore has access.

Lastly, if it comes to it, look for an argument that says a vehicle, at least while moving, is never an enclosed locked facility. Again, the definition gives examples of a closet, a room, or other enclosed area. I can see an argument being made that the intent was that plants be secured in a non-moving facility given the fact that the examples given in the definition included only "rooms."

[CaveatLector]

. He is probably safe and won't have a problem but the law is not on our side and I would hate to see someone or even to think of the possibility of their family be so disrupted because of something like this.Ultimately in the end it is his decision.

Unfortunately the law being on your side isn't enough. You need the judge on your side as well. Sure custody disputes are not supposed to turn on whether someone is a pt or cg and sure a judge isn't going to explicitly say he awarded custody to the other person because you are a pt. But the fact remains that a custody determination is discretionary and the judge can say s/he awarded because of x, y, and z and completely omit the fact that he let mj play a part in his mind.

[zapatosunidos]

HB 4851 describes the lawful way to transport plants in detail.

[CaveatLector]

HB 4851 describes the lawful way to transport plants in detail.

Yes, and if and when it passes the senate I suppose this will be a moot point.

[zapatosunidos]

Yes, and if and when it passes the senate I suppose this will be a moot point.

Also, from what I have seen with those bills, they are, to some extent, simply codifying the way things are happening right now. I would say that the following the wording within HB 4851, in combination with having no active THC in your system, would make things very difficult for them to convict.

Unfortunately, they would probably arrest and take a blood draw in certain jurisdictions prior to letting you go.

[restlesslegs]

All the discussions about the bills are moot because they are not part of the current law. He must look at how the act is written now. How the law, in every aspect of the word, is at the moment not might what happen with it in the future.

[restlesslegs]

Unfortunately the law being on your side isn't enough. You need the judge on your side as well. Sure custody disputes are not supposed to turn on whether someone is a pt or cg and sure a judge isn't going to explicitly say he awarded custody to the other person because you are a pt. But the fact remains that a custody determination is discretionary and the judge can say s/he awarded because of x, y, and z and completely omit the fact that he let mj play a part in his mind.

It is the same type of situation that we as people who use or grow MM are going through or might face with the law in the cases of custody. Depends on a lot of factors and custody can be taken away in a heart beat. I fully agree with what you have said and was trying to allude to that but what I wrote may not have made that clear. He will make his own decision in the end but he needs to weigh his decision on what is the current law and his situation and I do hope he does that.