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Me And My Husband


vikkisecrets
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yea tough call - the hubby is on probation for marijuana, and he technically will be in possession - either as a patient or because he lives under the same roof.

 

Has his probation officer allowed him to continue with medical use of marijuana? If no, I bet the PO will not accept marijuana in the house.

 

DN

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Thanks for the input. As for his PO, he's only come by the house one time. He has to call in once a month w/ no drug test and imo no house visit. This is his first charge ever. He was convicted in Mar. and has not seen the PO since Apr. I was reading on here that felons with drug charges can still be patients. I'm thinking he will not have to report his medicinal use to his PO since they are not checking. One of the terms of probation are:

You must not use, sell, distribute, or possess any controlled substance, or associate with any person who is participating in or is known to participate in the illegal use, sale, distribution or possession of controlled substance, or be present in places where such person congregate. you may use or possess controlled substance pursuant to a legitimate prescription from a physician. you must be able to present proof of your prescription and provide physician's name as requested. you must submit to random testing for illegal substance.....

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You are violating federal law never forget that, he is on probation so this would be a violation of his probation and I think lots of prosecutors would love to parade you and him in from of a court just to show this is a person with a criminal record around the same subject you are trying to be legal with. I think you would be nuts to do anything while he is on probation and I only hope you do not get caught as this will hurt a lot of patients by becoming a lighting rod for the see I told you so crowd.

 

You know this is illegal, if you don't talk to your husbands lawyer he will tell you it is and don't do what you are thinking of doing.

 

Ezrah

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Thanks for the input. As for his PO, he's only come by the house one time. He has to call in once a month w/ no drug test and imo no house visit. This is his first charge ever. He was convicted in Mar. and has not seen the PO since Apr. I was reading on here that felons with drug charges can still be patients. I'm thinking he will not have to report his medicinal use to his PO since they are not checking. One of the terms of probation are:

You must not use, sell, distribute, or possess any controlled substance, or associate with any person who is participating in or is known to participate in the illegal use, sale, distribution or possession of controlled substance, or be present in places where such person congregate. you may use or possess controlled substance pursuant to a legitimate prescription from a physician. you must be able to present proof of your prescription and provide physician's name as requested. you must submit to random testing for illegal substance.....

 

yea I figured that Parole officers drop in for suprise inspections, probation officers usually sit in tiny little offices.

 

Now, because you are SO close to the wire on trouble - you almost have no choice but to get a lawyer to have final say. You said yourself -

 

"You must not use, sell, distribute, or possess any controlled substance, or associate with any person who is participating in or is known to participate in the illegal use, sale, distribution or possession of controlled substance, or be present in places where such person congregate. you may use or possess controlled substance pursuant to a legitimate prescription from a physician."

 

In my opinion you* got problems with "possession of controlled substance (trust me its a CSA)", "be present where such person congregates", even the section "you may not possess controlled substance persuant to a legitimate PRESCRIPTION from a physician." - the MMMP is not a prescription, its a doctor's recommendation plus defenses for people following the MMMAct.. It is not a Controlled Substance that would be dispensed according to regular prescribed drugs (the darn PHC and DEA CSA) If the probation department refers to CSA or federal guidelines - they will apply the federal rules to you - ie - marijuana is illegal period.

 

*you I refer to loosely as both you and your husband as you both will be in the same building as the marijuana. If the police come to the house or stop a vehicle with you both, both of you will be considered for any crimes they can 'find'. Some times it works when one spouse says "Its my drugs", but sometimes it does not.

 

May I suggest

http://komornlaw.com/

 

Town Center

Komorn Law

3000 Town Center

Suite 1800

Southfield, MI 48075

1-800-656-3557

 

A good lawyer like this man can quickly set you on the right path. You will get plenty of people that will debate my statement here, the lawyer will set everything straight.

 

DN

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Thanks a lot Ezrah and Digital Nomad. I was a bit confused between prescribe and recommended. He only has 18 mos so he can wait til its expunged. Just one more ques. My sister and her husband are both patients with a outside caregiver, and coming up on renewal. I was going to be their CG and grow in my home, but with my lil felon I cant. I read that my plants and my patients plant can be kept at the patients(my sister) home. Is this true and how is this done?

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DN, i often think about this very subject, will leo roll like this even if the spouse isnt a patient and does not partake in mmj at all? i worry about my wife sometimes, she agrees 100% in what im doing and supports me because she knows the benefits of medical cannabis, knows how much it has helped me and that cannabis has reduced my pharm death tabs consumption 75% to 80%. i'd never forgive myself if she got twisted in this game they play with peoples lives.

 

I made my wife a CG, but next year at renewal - I will not. I wanted to give her protection under the MMMAct, but then again - her being a CG also put her at risk with her job, or even being targeted just for having a CG card.

 

It's a hard call for any home, I cannot imagine if I had kids in the house. It depends on communication and trust of everyone in the home.

 

DN

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Yes - the address you will list on the MMMP application does NOT have to be the address your grow is located at.

 

Now, after your husband clears 18 months, you should be ok to grow at your home. You will lock and secure this grow room from your husband to follow the law. His safety and protection will rely on how credible your security was to keep him or any other patient out of your grow room. A key that only you possess might work, a combination that only you possess. I know some of you husband and wives are winking at each other - like "I know where the key is honey" but this can work in a court room.

 

for the grow at the patient's home, you would demonstrate that it was locked and secure from the patient's access, only you had access to the grow room at the patient's home. You would post your documents and CG # on the door for LEO to verify when you are not present.

 

Again - when setting up a large scale grow (meaning more than just for you) you should include a lawyer counsel before you do this - like anyone would before making a BIG investment.

 

DN

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