Can a fellow patient grow on my property?

Shark Bait said:

I also think the address on the script has to match the location of grow.

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DHHS has approved a multiunit rental facility for mmj in Wilton, so that cannot be the case.

Jah348 said:

How does that sound to you guys?

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I would interpret facility to mean "individual area". Putting his locked tent inside your locked grow means he is accessing your area to get to his area.

It also sounds like a fantastic way to make sure that any pests in either grow will get into the other.

Yes he is accessing my area to get to his area. And I'm accessing his area to get to my area. The point is that neither of us can access eachothers area without the other.

Jah348 said:

Yes he is accessing my area to get to his area. And I'm accessing his area to get to my area. The point is that neither of us can access eachothers area without the other.

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That is true Jah .... The only thing that you are sharing is the "front door" to get to your room. Back a couple months ago I had called the State to see if a local small hotel could be used such as in Wilton. The common ground would be the foyer area, and everyone would have their own key to their room. They approved such a setting. ( Because of Health issues, I never followed up on the idea ). Best of Luck to you Jah. Peace

That's a bit different than my plan though. There would be on flowering tent in the room with both of our gardens in it. I would have the key to get into the room, he would have the key to get into the tent. The plants would technically be in the same tent, but neither of us could access it without the other.

Well, I think you know that the setup you describe is not technically legal. But if you are both legal it doesn't matter a whole lot imo. A, no one has a reason to inspect it and B, you'll get a warning on the first offense. In fact, the charade of separate access that you're trying to establish is a waste of time, again imo. If sharing space is what you must do then do it; if leo or anybody else decides to press the issue your arrangement won't pass muster anyway.

Jah348 said:

The point is that neither of us can access eachothers area without the other.

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I get that part. I'm just not sure it's kosher; i'd run it by someone at the program before i went ahead with it.

tet1953 said:

B, you'll get a warning on the first offense.

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You may get a warning, at LEO's discretion. The law does not include anything that mandates a warning for violating technicalities. So far, Maine's LEO has been surprisingly tolerant of the medical system, but a change in leadership could put an end to that.

Just to recap: Me and my friend are patients. He is moving into an apartment where he won't have the room for a garden.

Is there any legal way at all for him to grow at my house? Primarily without it being in a seperate room? 2 locked tents would be acceptable although not preferable. Really hoping for any good news at this point haha

NoSwagBag said:

I have 2 friends going through something similar. Both trying to grow under one roof, and no they're not married. What has happened is the term cooperative has been used to describe what they are doing, and that is not allowed. They were also told that each area needs to be completely separate and secure from the other, just as described previously. Anyone else have some input, as this seems to be a common issue among growers.

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They called dhhs and said that Mr. 1 would sublease the grow area from Mr.2. Now they are cohabiting. Lady @the dhhs said it was ok. Again, walking a fine line, but they got the "green" light.

wait are they growing in the same room, or does Mr.1 just have a specific room to himself in Mr.2's house?

Its one building with a separate veg and grow room. Now as far as dhhs is concerned they are two people sharing one building, or cohabiting.

okay so their 12 plants are grown together under one light?

The point is that I only have one spare room to do this in.

So maybe you rent a room to him?? That is my take on how it is doable for them. They are essentially roomates.

Yes, they grow both of their vegging and flowering plants together.

okay cool. The only question was if the plants were together.

What we're going to do is co-sublease a room of the house and both grow there. This is good news haha cheers

NoSwagBag said:

. Now they are cohabiting.

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If they are members of the same household, there are no issues. May want to make sure they both have the same address on their DL or state ID.

If they are not members of the same household or family, they would both need to have separate grow areas(locked tents) if they have gardens in the same room. That is what I understand from my reading of the rules.



1.24 Member of the family. Member of the family means a person who is a spouse, domestic partner, child, sibling, aunt, uncle, niece, nephew, parent, stepparent, grandparent or grandchild of another person. Member of the family includes a person living with a person as a spouse and a natural parent of a child of a person. See 22 M.R.S.A. §2422 (5-A).

1.25 Members of the same household. Members of the same household means 2 or more people who share a dwelling unit. See 22 M.R.S.A. §2422 (5-B).


2.7.2.1 Same household. Two or more qualifying patients who are members of the same household and cultivating their own marijuana may share one enclosed, locked facility for cultivation; See 22 M.R.S.A. §2423-A (1) (B).



2.7.3.1 Same household or family. Two primary caregivers who are members of the same family or household may share the same enclosed, locked facility. See 22 M.R.S.A. §2423-A (3) (D).

2.7.3.2 Designate registered caregiver when absent. When the cultivating primary caregiver is absent and unable to care for the marijuana plants, the cultivating primary caregiver may designate a registered primary caregiver to care for the marijuana plants in the cultivating primary caregiver’s enclosed locked facility without pay and for a time-limited period. The cultivating primary caregiver must give a completed department-approved designation form that includes the designation is without pay and the specific time-limited dates to the designated registered primary caregiver prior to taking temporary care of the marijuana plants.




TO: Interested Parties

FROM: Kenneth Albert, RN, Esq., Director, Division of Licensing and Regulatory Services

SUBJECT: ADOPTED Maine Medical Use of Marijuana Rules:
Effective 12/31/12

....

[4] No patient or caregiver may share an enclosed locked facility or an enclosed outdoor area except [a] when two or more qualifying patients are members of the same household, or when two primary caregivers are members of the same family or household;

Good paste! In their situation (Mr. 1 and 2) they have described the grow building as a dwelling. The guy that owns the property rents/ subleases part of the building to the other guy. And they will be staying there periodically, especially during harvest. Like a second home...
I have to strongly reccomend that anyone looking at doing something similar call dhhs and ask questions until you find a suitable arrangement. Mr. 1 was on the phone a heck of a lot making sure they did it Legal.

I live with a buddy, and we both share a veg room and a flower room. We have had issues with my friends mother inlaw which the local leo were called to the residence(on more than one occasion). Leo never gave us any hassles about it. They really never even asked to see our recomendations either.

NoSwagBag said:

Mr. 1 was on the phone a heck of a lot making sure they did it Legal.

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Which is commendable as I said before. I still think that if both are basically legal (both have certs) it really doesn't matter a heck of a lot. See matt's response.