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    katbob's Avatar
    katbob Posts: 1, Reputation: 1
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    #1

    Nov 3, 2010, 11:54 AM
    Can I get kicked out of my apt for growing medical weed legally?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Nov 3, 2010, 12:48 PM

    Do you have a permit to grow weed from the government? I doubt it. So yes, if you are raided you face jail time. Being kicked out of your apartment is chicken feed to the problems you will have from growing.

    Tick
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 3, 2010, 01:01 PM
    Quote Originally Posted by tickle View Post
    Do you have a permit to grow weed from the government? I doubt it. So yes, if you are raided you face jail time. Being kicked out of your apartment is chicken feed to the problems you will have from growing.

    tick
    OP says he/she was growing it legally. We have two choices here. You are saying that OP is incorrect about it being legally grown. I choose to ask OP: what exactly do you mean by "growing medical weed legally"?

    And if it is in fact legal, somehow, OP couldn't be kicked for doing something illegal in the premises. Violating a specific term of the lease perhaps, but I rather doubt it.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Nov 3, 2010, 01:31 PM

    As far as I know, marijauna cannot be grown legally on private premises. Marijuana, as far as I know, again, can only be grown legally in approved greenhouses, not necessarily under Federal supervision, but under tight security. There are many people in the US awaiting medicinal marijauna, long known to be a very strong pain reliever.

    I have several clients in Ontario at this moment with government sanction and special IDs to purchase marijuana for medicinal purposes, unfortunately, our Government does not grow it and very few head shops carry it now because they are raided constantly.

    I know for a fact where it is grown in Durham county, but these locations are fast becoming known and completely obliterated.

    Catch 22, you betcha.

    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 3, 2010, 03:12 PM

    If you do not have permission from the landlord, most likely they can.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Nov 4, 2010, 05:38 AM
    Quote Originally Posted by katbob View Post
    can i get kicked out of my apt for growing medical weed legally?
    Hello kat:

    It's a good question. I haven't read all the landlord/tenant laws of the 14 or so states that allow patients to grow their own medicine... Actually, tick made a good point. I don't even know if ALL those states allow patients to grow. They probably all don't... And, that's a problem. Plus, even if the state you live in allows you to grow pot, the feds do not. It IS, and remains ILLEGAL under federal law in all states... But, the law is NOT static. It's evolving all the time...

    The city of Seattle where I live is confronting that very issue as we speak.. Pot enforcement, by law, is the lowest priority of the police... That means, if a cop spots a pot smoker at the same time he spots a jaywalker, he MUST by LAW, go after the jaywalker...

    Having said that, when confronted with a grow operation, the cops have NO way of distinguishing between the patient growing what's allowed by law, and the commercial grower. The other day, a patient with TWO plants got his door busted down and was thrown on the floor. THAT bust prompted the mayor to form a commission to recommend exactly what the position of the city and the cops SHOULD be... The cops, of course, are against forming such a commission... Who knows how that's going to work out.

    NONE of that addresses a landlord's responsibility toward a medical marijuana patient... However, medical marijuana laws are STATE laws, as are landlord tenant laws... So, it would be MY opinion, if you grow within your state guidelines, and do it WITHOUT altering the building (which is hard to do), then I think you could win an eviction suit.

    excon

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