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Roomate Cultivation of Marijuana, me=liable?

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oxbridge75

Guest
What is the name of your state? California

If my roommate is cultivating marijuana (3-8 plants) will I be held responsible?

And would the situation be different if:

-I had no knowledge that it is happening (if it takes place in a room that is not directly accessible - under house)

Would it be more of a matter of the prosecution proving that I did know, or would it be more that I had to prove that I didn't know?

or

-My roommate takes full responsibilty


Also, as far as I am aware, cultivation is a felony, but that deferment is possible if certain conditions are met (no priors etc.). What is the likelyhood with such a small amount involved that a severe senteced would be realzed (felony with jail time )? It can with those stipulations, but how often is it that the maximum penalty is upheld if the accused has no priors? If I was held responsible would the fact that I didn't know or that my roommate took responsibility increase the chance of a misdemeanor plea or differment?

Thank you for any assistance.
 


CdwJava

Senior Member
If your roomie is cultivating any plants at all, you could be charged. You likely are not going to be able to convince anyone that you knew nothing about it ... heck, it seems your plan right now would be to lie about it - and that can be called "Perjury" in court.

If he grows any plants, you CAN be caught up in it. Obviously the state would still have to prove its case, but it's a good possibility.

If it were me, I would not be permitting any illegal activity in the place I live. I would either move, or get rid of the roommates that were putting MY freedom at risk. To do otherwise just means that you have opted to pick up the dice and roll 'em, hoping you don't lose.

- Carl
 

HomeGuru

Senior Member
oxbridge75 said:
What is the name of your state? California

If my roommate is cultivating marijuana (3-8 plants) will I be held responsible?

**A: yes, you could.
******

And would the situation be different if:

-I had no knowledge that it is happening (if it takes place in a room that is not directly accessible - under house)

**A: moot point since you already know.
******
Would it be more of a matter of the prosecution proving that I did know, or would it be more that I had to prove that I didn't know?

or

-My roommate takes full responsibilty

**A: a search warrant gives the address of the property. So keep that in mind.
 

CdwJava

Senior Member
Ummonx said:
They actually prosecute that in California :D
It depends on the county ... and whether you have a note from your doctor.

Though I keep finding fun notes signed by "Doc High Times" and other such notable physicians.

Prop. 115 was such a wonderful law - and so well thought out! [note dripping sarcasm and sound of disgust rolling off my keyboard].

- Carl
 

Ummonx

Member
well legalities aside,

Unless your roomate is dealing, mouthing off, or just being a plain idiot. The chances are slim of the police stumbling accross his grow.
 

CdwJava

Senior Member
Ummonx said:
well legalities aside,

Unless your roomate is dealing, mouthing off, or just being a plain idiot. The chances are slim of the police stumbling accross his grow.
Would you want to risk your freedom on even that chance?

I wouldn't.

- Carl
 

CdwJava

Senior Member
Ummonx said:
Depends,

Is it for simply recreational use, - no
Is it for health use. - absolutely
In some counties, the medical issue is an easy one to argue. In other counties, they don't buy into it quite as easily. And even a win in court can be expensive AND cost the defendant a good deal of money.

I don't prefer that kind of gambling.

Of course. I also don't buy the argument that it's "medicine". But that's another topic.

- Carl
 
O

oxbridge75

Guest
HomeGuru, what exactly did you mean by:

HomeGuru said:
oxbridge75 said:
**A: a search warrant gives the address of the property. So keep that in mind.

The amount is such that it will hopefully be considered for personal use (possible diversion program). Would I have to testify against myself whether or not that I had knowledge about it? If not hopefully it would be difficult for the prosecution to prove, especially if my roommate took full responsibility.

It doesn't matter what I nor the DA knows, only what can be proved. (correct me if i'm wrong of course)

Thanks for the advice.
 

CdwJava

Senior Member
Do you really think the 6 or 8 plants that belong to your roommate is worth you having to spend a few thousand dollars for an attorney? Yes, you might be able to fend off any possible charges, but why do you think it worthwhile to take that risk?

Especially when you do not have to.

Botom line is, you CAN be charged. You COULD go to jail.

Will you? Probably not. But, your chances of going to jail (or defending yourself against cultivation charges) are significantly better than anyone else's because of the fact that your roommate is growing pot.

- Carl
 

Ummonx

Member
I appreciate your POV CDW,

Bottom line is that the fed gov still views medicinal use of MJ as illegal and the supreme court has upheld the federal governments view.

as for it being medicine, your view is not different then many in law enforcement. My usual response to that is to come do a few rounds of chemo with me and then lets have this discussion :D
 

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