"partner" Hijacked My Plants - What Is My Legal Recourse?

[Guilty Spark]

Hey - long time listener, first time caller looking for some general feedback (legal even better....).

 

About four years ago, I was able to get a "friend" to allow me to grow my legal 12 plants in his basement (I suffer from cervical spinal stenosis for which I've had surgery; totally legit).  My wife has psoriatic arthritis, so she got carded as well, and my "friend" eventually got his too.  All had been going along just fine, we were learning the ropes, etc. until last week when my "friend" advised me that he wanted to, essentially, go it alone.  He asked for his key back, told me he felt bad, yada yada.  Truth be told, I believe he may have nefarious intentions and when I asked him if he agreed that 24 of the plants we had in various stages of growth (my wife had since let her card lapse, but I picked up a patient - also bona fide) were in fact mine (along with all the equipment that I originally started with and had put into the grow operation in the ensuing years) his reply was that he "didn't see it that way".  He has, out of the blue, essentially asserted the "possession is 9/10ths of the law" justification to "hijack" both equipment that belongs to me AND my 24 plants that I feel legally responsible for.

 

We have had what I considered to be a verbal agreement for the past four years.  I've got equipment worth about $2,000 in his basement, and 24 plants that he clearly has no legal entitlement to.  He has no patients, but now has 36 plants (at least, by now) in his possession.  The illegality of his current situation is without question. 

 

Do I have a legal recourse to sue to get my rightful equipment and plants back from him, or am I just SOL?  If SOL, would there be any legal ramifications for me if I fingered him and put the law to him (which I'm very seriously considering, because I have done for this guy and done for him till I've been blue in the face and he has just totally stuck it to me out of nothing more than apparent greed)?  Could I get my rightful plants back with just a simple visit from myself and the local LEO?  Or is this a bad idea as well?  I have no compunction whatsoever about turning him in for what he's done to me (I know, sad....but true).  I'm having a hard time believing that I'm just flat out screwed on this and he can get away with it scot-free.

 

Any helpful feedback would be greatly appreciated.  

[OG Fire Beaster]

So your gonna get the law involved over 2000$? Seems like a bad idea to me. My advice would be not to play with snakes because you will probably end up getting bit. I would think 2 g's is a fair price to know not to associate with this person anymore.

[Guilty Spark]

The equipment is only a small part of it.  I've lost 24 plants that, over the course of three harvests in a single year, represent the medicine that I and my patient (who goes through a LOT of medicinal cannabis) would have.  I dare say a significant amount.

 

I understand that some insurance companies cover the theft of plants up to $1,000 per (not that I have an insurance claim, I'm just sayin').  You don't think the value of the plants themselves should come into play, and I should just...........go gently into that good night?

 

I understand your point completely and am not knocking your suggestion.  I'm just making the observation that I think you left out a very pertinent detail in your analysis. 

[Guilty Spark]

I would add that, by way of background, I'm a 50 year-old, college-educated professional with the financial means to hit the courts (should legal action prove an acceptable path forward).  I'm no kid who got screwed by someone I hardly knew - I've known this guy for quite a while.  Someone somewhere has clearly gotten to him and has been chirping in his ear about....something.

[t-pain]

none of this is legal advice! also you should wait until hearing advice from other people who have hit the same situation.

 

for small claims:

if you got some reciepts of your lights + equip purchases, its yours.

advise him that if he doesnt split up the goods fairly, you will see him in small claims court.

give him the offer split up equip or see him in court.

offer to split them up and help him with his setup so he can continue to grow.

its bad, but losing $200 in lights is better than $2k right?

EO wont be able to make that kind of judgement in person, thats what the court is for.

LEO can however do the plant count and card check.

 

was he your caregiver or were you just leasing his basement? theres no paper contract for the lease of the basement ?

 

it may just be easier to cut your losses and get some clones or mature plants from others to recoup. you could try it in small claims, but its his word v you and theres no real paper trail to go one way or the other (assuming he has cards for 36 plants).

 

once you make an enemy like this by fingering a guy, he may return the favor. or maybe he'll just tell his ripping buddies where you and your grow live.

 

did you give your key back already? if not it may be worth just take your property when no ones looking (dont do anything illegal!).

 

your simple visit with a LEO might work. but i cant recommend anything like that.

 

get a cop to go with you to get your property from him.

bring your cards. show that you are responsible for 36 or whatever plants.

leave him his mmma 12 plants and take your other 24. this will only work if he only has his pt card and no other caregiver cards for other patients.

make sure you follow the law re: transporting live plants in a secure vehicle.

 

've heard of some people who have won in small claims over mmj. and i've heard other similar stories on the forums here when a caregiver takes the plants and runs.

 

all is not lost, but weight the results and consequences pros/cons of each of your options to find the one that works best for all involved. good luck buddy. remember to legalize it so everyone can just have some plants in the garden.

Edited April 30, 2013 by t-pain

[Kingdiamond]

Let karma take care of this its going to cost you way more in aggravation and money to set this right he's a scumbag spread the word to all of those in your circle he will get his.

[Guilty Spark]

I don't think I have any receipts - original equipment was bought four years ago.  I may have some internet receipts saved in my email.  He was never my caregiver; I was only allowed to grow my plants in his basement - along with his own - for some consideration (2/3 of every harvest as payment).  He has no caregiver cards for any other patients, he's only legally allowed his own 12 plants.  So with my 24 he's clearly over his limit, in his grow space in his house. 

 

I recognize that with the Michigan Supreme Court decision in the Bylsma case, we were commingled and were due for a separation any way to remain compliant, so one could posit that we were theoretically on our way to compliance with the law in that regard. 

 

However, the way it's being gone about is obviously a source of heartburn for me. 

 

I really appreciate the replies so far.  Thank you.

[t-pain]

no reciepts means you wont get very far in court either. your word vs his. better ask a lawyer about it.

did you buy from 'a guy' or 'a store' ? would the store have the receipt? maybe your credit card receipt? cancelled check?

 

 

yeah blysma was a poor decision. theres no reason to bankrupt/jail a guy because he didnt have $100 in fence materials. i know thats the law, but courts are supposed to be for justice and fair too, right? and proportionality and no cruel and unusual punishment?

[Guilty Spark]

I think you guys are following the wrong track - I'm more concerned with getting my plants back than the equipment.  Does the fact that my 24 legal plants put him well over the legal line not do anything for my case in getting my plants back?  Aside from the fact that he may not particularly care, and  may think that I won't pursue legal action to get them back?

 

My primary concern is that I have a commitment (that I have judiciously met) to my patient to provide her with the medication she is relying on me to provide her with.  Starting over from scratch puts me at least 6 months behind considering my other time commitments.

Edited May 1, 2013 by Guilty Spark

[Beans]

Have you been and plan to continue too compensate him for the cost of "growing your plants"?
Besides

He probably already dispatched them

All you will do is call heat down on him 
Seems odd to only hear your side and you remain a saint and want to rat him out after such a long standing relationship

My 2 cents

Edited May 1, 2013 by Beans

[Guilty Spark]

Dude........he kicked me out.  Made me give him back his key.  I'm not giving him one thin dime - I've already subsidized his pathetic existence enough.  And he wasn't, per se, growing my plants.  I was - that's why I had a key to his house.

 

What I speak is the entire, honest truth, so help me God.  On my father's grave.  I've been told on more than one occasion (by him) that getting him into this has been the best thing to happen to him since he got divorced several years ago.  True deal.  And as far as being a "saint"?  As far as he's concerned (and what I did for him loaning him money to catch up on bills, etc) you're damned right I was.  That's precisely why I'm so PO'd and am even CONSIDERING putting the law on him.  Otherwise, this is something I would never in a million years consider doing.  It's not in my DNA (unless wronged to this degree).

 

He's a hard right conservative, for what THAT'S worth.........to me, this totally explains his sudden, greedhead behavior.  But that's just me, and I don't want to start a big political discussion. 

Have you been and plan to continue too compensate him for the cost of "growing your plants"?
Besides

He probably already dispatched them

All you will do is call heat down on him 
Seems odd to only hear your side and you remain a saint and want to rat him out after such a long standing relationship

My 2 cents

Edited May 1, 2013 by Guilty Spark

[SFC]

You know what, why don't you just ask him to give you clones off the plants?  Any other vengeful move is going to blow up in your face. You are 50 years old, but how long have you been involved with growing MJ? My guess is not very long, otherwise you would know the rules.  If he won't give you the clones just put your big boy pants on and move on. Get some seeds or clones from someone else and get on with it.

[Guilty Spark]

I've been growing for 4 years.  What the hell does that have to do with big boy pants and rules?  If I was growing illegally and underground, yeah, things would be different and we wouldn't be having this conversation.  But you're suggesting I just blow this off, disregard a verbal contract, let him have my LEGAL plants, screw my patient who put her confidence in me, and put my "big boy pants" on and just go on merry way?  Am I unaware of some rules written (or unwritten) somewhere that says in the world of legal medical marijuana grows, you are required to let anyone screw you any way they see fit........and you're expected to do nothing?  I've been  above board and have nothing to hide.   

 

If so, maybe there's a problem in the whole MMJ program, and we need to add a little legal precedent to the program in as many areas as possible for the sake of legitimizing the whole thing.  I understand the "black eye" concept, but that's easy to say if you haven't had someone walk off with equipment and medicine worth several thousand dollars.

[ozzrokk]

I would say and please dont take this as legal advice but I would take him to small claims court. Try to prove the equipment you purchased and demand the return of the plants. In presenting evidence of the plants that should be yours you can bring up the whole plant count thing and make sure the court is aware that if he keeps said plants he wouldnt continue to be legal. Also if he was to say none of the plants are yours then he can explain why the numbers seem to work out with you owning part of the plants but do not work out if you dont own any of them.

 

I know you really feel slammed by this scumbag and if said story is true then that is what he is........ But realize this if you bring leo into the situation you may in turn be charged with comingaling your grows. That would in fact BITE YOU IN THE donkey and some prosecutors would do such a thing. Plus karma is a very very very bad thing and you want to stay on the good side of karma.

 

If you dont feel the first portion is an option and who know maybe it shouldnt be you might just have to walk away in the end. If you need help with genetics I am sure you could find some help. Good luck to you and your patients my friend. I hope this nutjob just does the right thing and gives you what is yours.

[Guilty Spark]

That's part of my question:  whether or not this whole scenario even FITS in small claims court.  What's the cutoff nowadays?  I thought it was around $2,500.  If there's a monetary value put on the plants themselves (and I don't why there wouldn't be) it seems that this would fall outside the boundaries of small claims court. 

 

Again, I appreciate all the replies so far.  They've all been helpful, really.  Thanks.

[Beans]

Now, I just questioned you paying for his electric and you really didn't answer me

Did you pay his utility bills?

Loaning money is not the same thing btw

I am getting the vibe that you let him use your equipment to grow everything in return for what you felt was your "fare share"?

Which is fine if that was your deal

but

If he was doing this and counting on distributing to dispensaries and that cash cow hit a standstill 

Well he might have felt like he was unable to do it that way anymore(just guessing here)

So that is why I ask about about operating cost(bulbs, nutes, medium, containers and power...) it adds up fast
I too am not a fan of the black eye but do understand your feelings of being shafted too
If you decide to not persue legal action I may have an extra 1k ballast and hood lying around to get you back on your feet
others may offer a bit of help too

It is old school of me but the legal action route somehow feels wrong even today
I think his karma will catch up to him sooner or later

Let me know what you decide to do?

Edited May 1, 2013 by Beans

[ozzrokk]

I think small claims cut off at 5000 but not sure. This is a situation where you started and was running the grow correct?

 

This community can come together for you if you need it.

Edited May 1, 2013 by ozzrokk

[OG Fire Beaster]

You know what, why don't you just ask him to give you clones off the plants?  Any other vengeful move is going to blow up in your face. You are 50 years old, but how long have you been involved with growing MJ? My guess is not very long, otherwise you would know the rules.  If he won't give you the clones just put your big boy pants on and move on. Get some seeds or clones from someone else and get on with it.

 

 

This is it.

 

Pull the "we used to be friends" card and get clones of the genetics(even if it means more paperwork). Write it off after that. Maybe you gotta cut lawns for a couple weeks. The "merchandise"(not smart) is gone. Get the genetics and move on. No way to win this one. The LEO that gets involved will target you from that point on out. Their like plumbers, they find "leaky" pipes and put the wrench on em.

[abe supercro]

Either load up the scariest hillbilly you know and don't leave his property until you get your fair share of plants and equipment, Or be prepared to heal your psychological and financial wounds over time (most of us have been there, you're not alone).

 

Do Not involve Leo unless the perpetrator feels the need while you're on his front porch, I mean living room. Providing him with your -only- key immediately upon request was a mistake. Not having a written lease was another. Being able to take care of your patient(s) in the meantime becomes a separate, secondary, issue IMO. You'll likely have to purchase meds for your patient to meet your obligation. good luck hope this works out for better you.

 

ps - I know a few out of work bubbas, jk jk.

[pic book]

sorry you lost your grow, your investment, your plants.  still, the ? is not him but you.  for your own good, how can you bring yourself to accept the loss of plants and relationship?  how can you prevent your active emotional life from being one of living to retaliate? 

[OG Fire Beaster]

No one likes tattle tells. Get clones and go, or just go.

 

Besides saying "please", this is the only GOOD advice.

If that's what your actually looking for.

 

It does suck though.

[+Malamute]

So, everyone had access to the plants and some plants were his, some were yours, some were someone elses and no caregivers assignments were made?

 

 Hmm,... If not an illegal grow,... sure buggering close.  Seems both of you may end up in jail if involving the police.  Go for it moron.

 

All 24 of your plants obviously would have put you well over 5 ounces as well. Also, illegal.

 

I don't know what to tell you.  Seems ya got yourself in a circumstance.  Narc and possibly incriminate myself, or try to find some reasonable way to move on.  This sounds like it is about the money more than the medicine.

[subpar]

I've been growing for 4 years. What the hell does that have to do with big boy pants and rules? If I was growing illegally and underground, yeah, things would be different and we wouldn't be having this conversation. But you're suggesting I just blow this off, disregard a verbal contract, let him have my LEGAL plants, screw my patient who put her confidence in me, and put my "big boy pants" on and just go on merry way? Am I unaware of some rules written (or unwritten) somewhere that says in the world of legal medical marijuana grows, you are required to let anyone screw you any way they see fit........and you're expected to do nothing? I've been above board and have nothing to hide.

 

If so, maybe there's a problem in the whole MMJ program, and we need to add a little legal precedent to the program in as many areas as possible for the sake of legitimizing the whole thing. I understand the "black eye" concept, but that's easy to say if you haven't had someone walk off with equipment and medicine worth several thousand dollars.

Im kind of new at this site, so please forgive me if i speak out of turn. Would like to just address ur perspective and temporarily put aside critiquing his actions.

 

Here is the thing, it is mj in a grey market that isnt quite legitimized as of yet. In fact, the legal system is still very hostile towards it. So looking to address the matter in court seems a bit foolish to me, and others. From anyone that has been figjting the fight on the front lines, you are even considering tactics that are straight up distasteful...using a legal system that consistently puts mj user in jail. and although you want what is fair, you also are upset and wouldnt mind sicking the cops on him to cause trouble. But hey, he stole from you, so it is okay to narc him out to the cops and whatever happens is his own fault for screwing you. That makes you a narc pos, in most mj grower's minds. If u dont c it that way, well, thats what allows you to be a narc. Its that simple in many peoples mind...you are a narc. Do you really feel okay with that?

 

If you want to deal with it, do it like a honorable person... Go at him direct. Maybr it is your presentation, or approach, or attitude that is causing the problem, even though you dont see it? I dont know, but being a narc isnt an option in my book.

 

If you thought ahead, you would havr secured your wares before there was an issue, but thats a lack of experience on your part for not having foresight. Shpuld havr kept the key until all was resolved.

 

But if thats not an option, be a man about it and take what is yours. I know that might seem barbaric to a civilized sort that uses the legal system to narc out another person, where property loss and even jail time could result, but thats just me.

 

Your attitude is concerning. The actions you arr about to take though...? Will squarely land you into the pos category. Man up. Really it is your own darn fault for the position you find. Dont go running to the cops because of it. Either deal with it straight up, or deal with the loss and move on. Man up...and dont be a narc pos.

[Estimated Prophet]

You got dumped. 

Move on. 

There are other fish in the sea. 

[thecannabiskid]

You got solid advice, move on.. the grow sounds like it was illegal and would probably never stand up to legal scrutiny. Start over in a legal secure grow situation, and forget about it.  Never ever call the cops, if you do your name will be tainted forever! Even thinking about it makes someone suspect in my book.