get kicked out for growing medical marijuana at a rental house?

crazy7605150

Well-Known Member
if im a legal patient and i rent a house can i grow medical or can he kick me out if he knew... is it up to him since its his prop or since its not on the lease he cant????? plz let me know
 

h.h.

Well-Known Member
Yep he can. If he knows that they are there,he would be breaking federal law and risk property seizure. Even if your landlord doesn't care, for their own sake don't tell them.
 

crazy7605150

Well-Known Member
so if he knew and its breaking federal law then how can anyone grow medical legally.. if its breaking federal law for him then its breaking federal law for everyone that grows with a license???? i do live in california and i am a proper medical marijuana patent and would be growing completely legal. idk if im stoned but it doesnt seem like that would be right... i know that my city has a ban on dispensories yet we have a caregiver that grows outdoor and indoor and the cops even know about it they check up on them to make sure things are ok... if that where the case then the cops would know and its breaking federal law and she would lose her house but she has been doing this for a while and she still has her house....
 

h.h.

Well-Known Member
The cops are following state law. If your landlord has knowledge he's breaking federal law, the same as you are. He is profiting from illegal activity. The present administration is giving us a pass. That doesn't mean the next one will. The DEA could easily come in, within the statue of limitations, and start enforcing past "crimes".
I'm not a lawyer or anything. This is only my humble opinion.
 
the landlord cant be prosecuted for providing you a place to live and grow if your a legal mmj user. now if you paid him in mmj or he charged you more for growing mmj or something like that then he could get in trouble but in reality he is just providing you a place to live.. go to craigslist and search the housing for prop 215. you will find tons of landlords that advertise "prop 215 sb 420 friendly" they wouldnt advertise it if it was such a risk

btw thats how you find jobs at dispensaries just search prop 215 in jobs and gigs
 

h.h.

Well-Known Member
That sounds reasonable. Like I said I'm not a lawyer. Just an old hippie with old school paranoia talking out my ass. Kind of like some of the cops when they throw you in jail. I think a lot would depend on the local DA and the next administration. We're sailing now, but just by luck. The landlords are probably safe yet it is such a gray area I'd leave it on a need to know basis.
 

110100100

Well-Known Member
the landlord cant be prosecuted for providing you a place to live and grow if your a legal mmj user. now if you paid him in mmj or he charged you more for growing mmj or something like that then he could get in trouble but in reality he is just providing you a place to live.. go to craigslist and search the housing for prop 215. you will find tons of landlords that advertise "prop 215 sb 420 friendly" they wouldnt advertise it if it was such a risk

btw thats how you find jobs at dispensaries just search prop 215 in jobs and gigs
They wouldn't advertise it if they had a clue just how big a risk they are taking.

Try doing a little research on property seizure laws before you go armchair lawyer giving advice that could get someones property taken by the feds.

The owner of a rental property (or any other physical property used in a crime) does not have to be aware of the property's use in a crime to have the property be subject to seizure. The feds say they would never take an innocent owner's property but do some searching and you'll see its WAY more common than you think.
 

hippiepudz024

Well-Known Member
the landlord cant be prosecuted for providing you a place to live and grow if your a legal mmj user. now if you paid him in mmj or he charged you more for growing mmj or something like that then he could get in trouble but in reality he is just providing you a place to live.. go to craigslist and search the housing for prop 215. you will find tons of landlords that advertise "prop 215 sb 420 friendly" they wouldnt advertise it if it was such a risk

btw thats how you find jobs at dispensaries just search prop 215 in jobs and gigs

heck yeah, good info
 

hippiepudz024

Well-Known Member
They wouldn't advertise it if they had a clue just how big a risk they are taking.

Try doing a little research on property seizure laws before you go armchair lawyer giving advice that could get someones property taken by the feds.

The owner of a rental property (or any other physical property used in a crime) does not have to be aware of the property's use in a crime to have the property be subject to seizure. The feds say they would never take an innocent owner's property but do some searching and you'll see its WAY more common than you think.

yeah ur definitely only one percent green, u do more harm to ur planet than good
 

doobnVA

Well-Known Member
yeah ur definitely only one percent green, u do more harm to ur planet than good


What does being "green" have to do with whether or not someone's property can be seized by the feds?

To the OP, Just because it's "legal" in CA, doesn't mean your landlord has to allow you to grow it on his property. Doesn't matter if it isn't in the lease, he can still take you to court and try to have you evicted.

How do people manage to grow cannabis, then? Well, they probably OWN their homes or rent from 420-friendly landlords.
 

hippiepudz024

Well-Known Member
What does being "green" have to do with whether or not someone's property can be seized by the feds?

To the OP, Just because it's "legal" in CA, doesn't mean your landlord has to allow you to grow it on his property. Doesn't matter if it isn't in the lease, he can still take you to court and try to have you evicted.

How do people manage to grow cannabis, then? Well, they probably OWN their homes or rent from 420-friendly landlords.

im just not a fan of 101010010100010101110100000100101111101 or whatever his/her name is
 

spartree

Well-Known Member
Besides the legal reasons why a landlord my have problems with it. I'm sure some don't want the mess, clean up and property damage that may come from a grow op. It's their right, they own the property.
 

110100100

Well-Known Member
im just not a fan of 101010010100010101110100000100101111101 or whatever his/her name is
I don't give a fuck if your a fan or not...what you should be concerned about is the endless line of idiots that continue to give totally BS legal advice here that could end up costing someone big one day.

In '96 the U.S. Supreme Court ruled that property used in a crime can be seized for forfeiture even if the property owner is innocent of the crime. Being innocent of a crime also means having NO KNOWLEDGE of said crime. This exact situation has already happened where some old lady who was renting property to someone engaged in drug related activities had her property seized because they busted the tenant. She had NO KNOWLEDGE of the crime and still lost the property.

Growing marijuana is illegal under federal law. Fed law trumps state law. That's not the way it's supposed to work but that IS how it works.

Now do a little more fact checking to see that the feds are STILL busting people for pot in cali. As are local govts in Cali, just ask people like Eugene Davidovich.

I'm sorry if you find me crass or short on temper for stupid fucks giving bad legal advice but it happens here on an almost daily basis. Then we get more idiots like you adding cred to this bad advice with "hell yeah, good info" posts when you don't have the first fucking clue what you're talking about.
 

doobnVA

Well-Known Member
I don't give a fuck if your a fan or not...what you should be concerned about is the endless line of idiots that continue to give totally BS legal advice here that could end up costing someone big one day.

In '96 the U.S. Supreme Court ruled that property used in a crime can be seized for forfeiture even if the property owner is innocent of the crime. Being innocent of a crime also means having NO KNOWLEDGE of said crime. This exact situation has already happened where some old lady who was renting property to someone engaged in drug related activities had her property seized because they busted the tenant. She had NO KNOWLEDGE of the crime and still lost the property.

Growing marijuana is illegal under federal law. Fed law trumps state law. That's not the way it's supposed to work but that IS how it works.

Now do a little more fact checking to see that the feds are STILL busting people for pot in cali. As are local govts in Cali, just ask people like Eugene Davidovich.

I'm sorry if you find me crass or short on temper for stupid fucks giving bad legal advice but it happens here on an almost daily basis. Then we get more idiots like you adding cred to this bad advice with "hell yeah, good info" posts when you don't have the first fucking clue what you're talking about.

Agreed, but without all the cursing coz I'm not nearly as worked over it =)
 
i agree that the feds are still making bust and yes in theory they can take your property but it just dont happen as much as your leading on about it.. if that were the case how come all the land that the 500 dispensaries are on in la aint been taken yet ? without getting to into it let me tell you what happened to me last year.. i lived in a apartment and it was part of the crime free multi housing program anyways i was growing some plants on the balcony ( under 1 foot) anyways i guess the ac repair man was on the roof and spotted my plants and snitched me off to the manager and he called the cops. after the cops came they told me i had to grow inside and keep it on the dl. cool well three days later i get a eviction notice to vacate in 30 days i fought it and won because i had a lease and was a mmj patient see when they evict you you go to a court thats bound by state law .. granted soon as my lease was up they wouldnt renew and made me leave but still i lived out my lease. yeah i aint a lawyer i just use my life experience and some common sense and manage to get by just fine.. i am not a lawyer but i play one on tv

lets not forget this thread is about " can i get kicked out" not " can my landlord get his property seized"
 

h.h.

Well-Known Member
In theory means it can happen. We have a somewhat friendly fed at present. Who knows in the future.
Most leases have a clause giving landlords the right to evict for illegal activity. Your landlord probably felt it was not worth the money to appeal. Either way he got you out. The court probably didn't want to make a decision and felt it was easier to let your lease expire otherwise you should have recourse when your lease wasn't renewed. Can you get kicked out? One way or the other you did.
 
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