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Legal Advice On Kids In The Home.


Wired4Success

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What is the law on having kids in the house with a grow room?

 

My 14yr old son told his buddies we have a grow room and now parents are calling my wife telling her they are notifying the police. I am a patient and a caregiver.

 

Should we worry and what should we do? I'm out of town and won't be home ttill late tonight. I told my wife to stay take the kid and stay at her mothers till I'm home.

 

Please help with any advice.

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Teenagers! What ya gonna do? Not much now but wait and see. The law is on your side but whatever you do no entry without a warrant. Playing nice has worked for some and not others so the intelligent thing to do is stand up for your rights. Talk through the door and only respond with "Do you have a warrant?" Tell them absolutely nothing else. Call a lawyer ASAP irregardless. Or just don't answer the door, odds are if they have a warrant you won't have to anyway.

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There is no telling what LEO will do in any particular case. As long as you and your wife are able to show that the kids do not have any access to any of the grow room or meds, you should be okay. Like I said though there is no telling what was told to the LEO by these other parents, and how the LEO will react.

 

This may be one case where being proactive may be your best bet. By this I mean, you could always call the non emergency line over at the local pd and explain that you are a caregiver, and that you are in compliance with the law, including having your grow room in a locked facility. Or something along those lines, just to defuse any possible over reactions by them.

 

I wish you well, please keep us informed.

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As far as the laws having a child in the home i would not get to concerned about that.. It is legal to have kids and a grow room in the same home.. The facility must be able to be locked and the child should not have access to it.. As far as child protective services goes they are not taking action against patients and caregivers unless an obvious connection can be made that the children were in danger because of the mm. If one of the busy body parents should call them they will probably come over.. they may want to check to make sure the facility is locked at all times. other than that they arent allowed to go in there so you should be fine to just show them your patient card. And if an issue is made about your child talking about it I would remind them it is legal for you.

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In the link about the petoskey woman robbed of her children it was not an action taken by child protective services. It was a custody fight in progress and the other parent claimed the children were in danger because of the police involvement in the situation. IT was not an action taken by cps. The family probate court overreacted and gave custody to the father. CPS stated she was in compliance with the law and her children were not in harms way.. I repeat it has never been cps policy to remove children from homes for marihuana use only. imo cps is one of the few state authorities following the law.

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4. Protections for the Medical Use of Marihuana.

© A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

 

I had asked the question to an attorney whether a family member could loose visitation rights due to MM use. IMHO, It would probably be safe to assume that if you were in TOTAL compliance of the law then there should be no problems unless you get some over zealous deputy dawg looking to get his 15 minutes of fame.

 

Dizz

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What is the law on having kids in the house with a grow room?

 

My 14yr old son told his buddies we have a grow room and now parents are calling my wife telling her they are notifying the police. I am a patient and a caregiver.

 

Should we worry and what should we do? I'm out of town and won't be home ttill late tonight. I told my wife to stay take the kid and stay at her mothers till I'm home.

 

Please help with any advice.

Parental Rights: A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

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Parental Rights: unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

 

It seems I may have violated this. I don't want to get into details too much, but...

 

It seems although a facility is locked and secured. There is an issue with leaving personal meds in a drawer next to your bed, which a kid may or may not find and have access too.

 

Hope thats not too incriminating. :blink:

 

I'd like to think its the same as a kid taking beer out of the fridge or prescription drugs out of your medicine cabinet, but it feels worse than that.

 

So no matter how much you talk to your kids and think they understand, cover your donkey, keep it locked. Do not trust your own kids. :( Keep even the smallest amount of personal use medicine locked up.

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Ok i have just reviewed the rules again and i find no mention of a specific way the personal meds need to be stored.. I do see that plants need to be in a locked enclosed facility.. If you are in trouble for your meds being in your drawer you must seek professional help imediately.. Please keep us informed..

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  • 4 weeks later...

umm, how bout locking the drawer for the personal meds? Not clear it is required but it seems prudent. I sure would have loved to get my hands on some medical grade right about that age. That was back when I knew everything.

 

I also would be as worried about robbery as you are about LEO now that every kid in school knows where the grow house is located.

 

Make absolutely sure the room is locked and the kid does not have access...

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