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2 Caregiver/patcients In 2 Family Home Grow Room Questions...


peacefulfield
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   OK I'm currently am a cardholder of a caregiver/patcient Licesnse where I can possess my 12 in my locked enclosed facility in a basement of a house.

My brother is waiting for his card in the next week or so he will have the same rights and card as myself.

 

1. Can we use the same room? NO?

2. Can we use the same basement separate locked facilitys? Why not?

3. If its a definate no to the first two & seeing that he lives in a upstairs seperate entrance 2 family home can he build a locked room there???

4. If he has another option for offsite location. Is it just smarter for him to go to that residence and set up there?

5. Should I have him just sign under me & I take over his caregiving rights? Which I/he of course don't really like that idea.

6. If I wanted to run a veg in one locked sepreate room of basement and flower other locked room whats the most legal setup for that? DO I put paper work at door on top of steps behind first dead bolted door before entering the basement? Because right now I just have a flower room with paperwork on the door of flower room in basement.

Edited by peacefulfield
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To be safe make your own room, flower/veg, make his own room flower/veg, keep them locked you have your key he has his, you should write up a lease for him for his iving area and storage/gr area, you can get blank leases at office supply stores, to avoid more of an issue maybe have him build his whole gr. in his part of the 2 family house, I realy shouldnt be advising you on either of these choices, I beleive if poop hits the fans they can get you if they want to, what county are you in? and Is it realy worth the hassle, they have hasseled people over this same kind of situation!

 

Best of luck

 

Peace

Jim

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P: congrats on running a greenhouse by Grand River.  As to your many ?

What has your county pros done in handling, say, the last 200 mmj prosecutions?  Finding out rquires a lot of research, even hiring a paralegal to do the search in county records at the clerk's office.  That is the only way to see what your pros enforces....maybe you can do what as you like, or not... but if you want to find out what your jurisdiction actually enforces...

do research.

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I'm in Grand Rapids (Kent County), we are the only city that has decrimialized possesion in the city limits so far. I know that has nothing to do with the rules of GR but you would think it helps. But yeah I would prefer that he just does it at his optional offsite location. It would save power & hassle for sure.

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5. yes, i would recommend you guys become each others caregiver. 

that should give you more rights. like both of you being able to posess 5oz.

and possibly both of you being able to access each others plants. although i dont know if thats possible or not.

 

1+2. in my non-lawyer opinion, as long as you keep the plants locked up in a cage / secured dog kennel, you can share a room.

you just cant share access to the plants. so make sure you have seperate keys.

collective posession was decided in people v bylsma if you'd like to read up on it.

 

4. it really depends. if you guys are just going to grow your 24 plants, it should be ok.

they busted a lot of people for collective growing over the years. so maybe its better to seperate.

if you are going to be caregivers for other people, having more than 50 or 100 plants at any one location isnt a wise idea.

 

6. as for paperwork on doors, thats a california thing.

having copies of your paperwork around your grow is probably a good idea.

but its not required by law or anything (as far as i know).

be sure to put a copy of your DL next to the copy of your card. showing both IS in the law.

 

its also recommended that you put little ties on your plants that say 'medical marijuana'.

this way, if you ever get to court and the judge denies your medical marijuana defense,

the evidence actually says "medical marijuana" on it.  cant tamper with evidence now can they?

Edited by t-pain
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5. yes, i would recommend you guys become each others caregiver. 

that should give you more rights. like both of you being able to posess 5oz.

and possibly both of you being able to access each others plants. although i dont know if thats possible or not.

 

1+2. in my non-lawyer opinion, as long as you keep the plants locked up in a cage / secured dog kennel, you can share a room.

you just cant share access to the plants. so make sure you have seperate keys.

collective posession was decided in people v bylsma if you'd like to read up on it.

 

4. it really depends. if you guys are just going to grow your 24 plants, it should be ok.

they busted a lot of people for collective growing over the years. so maybe its better to seperate.

if you are going to be caregivers for other people, having more than 50 or 100 plants at any one location isnt a wise idea.

 

6. as for paperwork on doors, thats a california thing.

having copies of your paperwork around your grow is probably a good idea.

but its not required by law or anything (as far as i know).

be sure to put a copy of your DL next to the copy of your card. showing both IS in the law.

 

its also recommended that you put little ties on your plants that say 'medical marijuana'.

this way, if you ever get to court and the judge denies your medical marijuana defense,

the evidence actually says "medical marijuana" on it.  cant tamper with evidence now can they? YES they can they did that to us when we had the court put stickers on the back of our cards that said defendants ex on them and when we got back in court they would not let us use them

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To be safe make your own room, flower/veg, make his own room flower/veg, keep them locked you have your key he has his, you should write up a lease for him for his iving area and storage/gr area, you can get blank leases at office supply stores, to avoid more of an issue maybe have him build his whole gr. in his part of the 2 family house, I realy shouldnt be advising you on either of these choices, I beleive if poop hits the fans they can get you if they want to, what county are you in? and Is it realy worth the hassle, they have hasseled people over this same kind of situation!

 

Best of luck

 

Peace

Jim

All good advice

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I'm in Grand Rapids (Kent County), we are the only city that has decrimialized possesion in the city limits so far. I know that has nothing to do with the rules of GR but you would think it helps. But yeah I would prefer that he just does it at his optional offsite location. It would save power & hassle for sure.

Although nobody lives there, Detroit is also decriminalized for 1 ounce of personal in the home or private place.

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To be safe make your own room, flower/veg, make his own room flower/veg, keep them locked you have your key he has his, you should write up a lease for him for his iving area and storage/gr area, you can get blank leases at office supply stores, to avoid more of an issue maybe have him build his whole gr. in his part of the 2 family house, I realy shouldnt be advising you on either of these choices, I beleive if poop hits the fans they can get you if they want to, what county are you in? and Is it realy worth the hassle, they have hasseled people over this same kind of situation!

 

Best of luck

 

Peace

Jim

Can't I myself have 2 rooms 1 flower locked 1 veg locked? I get confused because when I see other growers rooms.. Some have 1 room locked with wall partitions inside separating flower/veg . Some Lock there basement door & veg growing in open area in basement & flower in another locked room etc... So some say their whole basement as a locked facility & some say that it has to be 1 locked room of space with wall partitions in it...

Edited by peacefulfield
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If you and your roommate are both caregivers, then you cannot have access to each other's plants.  The amount of rooms that each person uses for their grow is irrelevant.  I know several married couples in basically the same situation.  The way they handle it is the wife takes the veg room, and the husband takes the flower room (or vice versa).  That way neither room has more plants than either of them are allowed to have, and makes it so you don't have to have two veg areas, and two flowering areas.  That's the best system with two caregivers in the same house that I've seen so far.

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Not legal advice, but there are things you can do to help your case if you are caught.

 

1/  Be related for something other than growing.  Sounds like you are family.

2/  Well marked and clearly separate rooms.  Be careful of connected ceiling spaces above false ceilings, etc.

3/  No matter how many you CAN have, both of you can keep your total combined plant counts below the lowest maximum.  If you can have 12, he can have 24, you both grow 6 each.

4/  Under no circumstances have more than 49/99 plants between the two of you.  Two caregivers growing 72 plants each is 144 plants at the same address.  That is well over 99.  If that will fly, so will 25 caregivers growing 1800 plants in 25 grow rooms.  I am willing to bet you have better things to do with the money you would have to pay attorneys and experts to try and defend that grow.

 

DON'T GET CAUGHT.

 

Dr. Bob

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I am amazed at the guessing people are will to do and share, when I wanted to know answers to questions like these I called B.A.Y.A.N.E.T. (Bay Area Narcotics Enforcement Team ) in Bay City Michigan ( I live within their 5 county domain). They are more than willing to answer questions, and since they are the ones who would be knocking on my door, who better to ask?

 

I was concerned about what would constitute a secure roof for my outdoor garden, and wondered if I needed to do the 12 plants per fenced in area. The Detective I talked to was very friendly and informed me that no rule has ever existed that required 12 plants per room, he said even his office preached it as law until they were informed by Lansing that no such rule/law has ever existed. As far as a roof, because my garden is not visible by any of my neighbors, even while standing on the highest roof on their property, he said I need no roof. This is the same Detective that showed up at my garden last year when they spotted it by helicopter.

 

So do your self a favor and make a free phone call and get your information from the people who know better than anyone what you need to do to keep them from knocking your door down instead of just knocking on your door. There are several of these teams through out Michigan, if you do not know who covers your county look here: http://www.michigan.gov/msp/0,4643,7-123-1589_3493_4602-21674--,00.html you can see a list of most if not all for the entire state.

 

 

Educate yourself!

 

 

 

 

 

 

.

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I am amazed at the guessing people are will to do and share, when I wanted to know answers to questions like these I called B.A.Y.A.N.E.T. (Bay Area Narcotics Enforcement Team ) in Bay City Michigan ( I live within their 5 county domain). They are more than willing to answer questions, and since they are the ones who would be knocking on my door, who better to ask?

 

police are not lawyers, nor are they prosecutors or judges.

they can give opinions, but police opinions are useless in a court of law.

 

in fact there was a case of a policeman that gave his opinion on the law, then went to work for the feds, then raided that same patient who he gave advice to. i think that was the duval case. 10 year mandatory minimum. why not call the duvals and ask them if calling the police for legal advice was wise.

 

prosecutors wont give legal advice either.

lawyers will give legal advice, but if they give the wrong advice, too bad.

LARA definitely wont give legal advice.

 

i think the only thing you can do to get a clarification of law is to start some kind of judgement lawsuit where the court will give an opinion free of charge. sorry i dont know the name of this lawsuit. i will have to learn up on it.

 

i'm not trying to pick on you wkinne. maybe i am wrong.

but maybe, just maybe, you should get a second opinion on your bayanet advice.

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The Detective I talked to was very friendly and informed me that no rule has ever existed that required 12 plants per room, he said even his office preached it as law until they were informed by Lansing that no such rule/law has ever existed.

 

btw , how do you know lansing wont inform them next week that the rule has changed?

have you seen the michigan state police legal updates ?

they will report a CoA ruling as fact, but then the supreme court reverses it,

they issue a new update that fixes the last update.

 

what i mean is, lansing follows the case law. if the case law changes, the police information changes.

 

http://komornlaw.com/michigan-state-police-legal-updates/

 

MSP_Legal_Update_No._102_410145_7:

 

Uncompensated transfers of marihuana between registered qualifying patients constitutes medical use of marihuana under the Michigan Medical Marihuana Act.

 

(This ruling has been overturned by the Supreme Court)

 

 

MSP_Legal_Update_No._96_382986_7:

 

A person shall not operate a motor vehicle with any amount of a Schedule 1 controlled substance, including medical marihuana, in the person’s body.

 

(This ruling has been partially overturned by the Supreme Court)

 

theres two CoA rulings that were included in the michigan state police legal updates to inform the officers whats legal and whats not. 

 

so whats different? the law hasnt changed in either of those cases.

but the officers that told people 'sure, transfer marijuana to other non-connected patients, its protected' were wrong.

 

how do you know the desk seargent was right about the roof?

did he read the law? no?

he goes by what lansing tells him?

 

lansing tells him conflicting things each week.

 

stay safe. put a roof on it. wear a rubber. keep it locked. make sure you can posess all the plants that are growing on your property.

Edited by t-pain
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So a little update on things.. My brother was denied due to incomplete paperwork. I don't know how because the doctors secretary helped fill out his paperwork...   I think this was a sign that I need to maybe sign him under me as a patient?  I just have a few more questions..

 

1. The reason I wanted him to be a caregiver/patient is that we wanted to grow at 2 separate addresses. Does this prevent me from doing so?  Plus I feel like you have more rights by being both.

 

2. Can we become each others caregiver? So that we can both access the same room? I don't have any plans as of yet but if I were to leave the state for a few weeks or months I can't unlock my room to service them.

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