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I own a mobilehome park in Yuba County. I have been told that several residents are growing medical marijuana in their spaces. I want to find out if it is legal for them to do this. What are the laws about growing outside. They have put fences around the plants, and have put up some piece of paper near the plants. What are the legal requirements, so that I can make sure they follow them?
Thanks!
parkowner
It is against federal law ! and you are subject to arrest !! also forfeiture of your property!! You should read prop215 and prop sb420 . google it!!..... :jointsmile:
link to them here:
Medical Marijuana News - Cannabis.com Forums Message Boards - Medical Marijuana, Cannabis Club, Dispensary, News
also federal law link in my sig
Wow, I would not allow that if I owned a mobile home park. That's YOUR time, blood, sweat, and money you have in that place. You need to talk to a Realtor that specializes in property management, as well as a lawyer, at the same time if possible.
You have every right to not allow that, it's your ass on the line!
Veggi is right, IT IS AGAINST FEDERAL LAW, and you are just begging for it if you allow and encourage that. It's your choice though, seems that the consequence and risk far out weigh any benefit.
If one of your tenants opens their hole and starts to say anything like, "it's legal blah blah I have a medical condition..."
Whatever, they are ignorant as hell and or don't give two shits about what could happen to you.
Unfortunately prop 215 and sb420 were created irresponsibly and are intentionally vague. Despite this, federal law trumps state law period. You can't use ignorance as a defense in court. Not to mention if you were aware of, condoned, ect... the illicit manufacturing of cannabis then like Veggi said you are up for losing everything, up to and including your life.
The fact that you own a mobile home park, and somehow don't know what to do troubles me, and I kind of don't think you own a mobile home park. But I don't mean to judge either, so if you do and you are sincere then I have offered up my personal advice to you, knowing that the posts to follow will likely be flaming, and ignorant.
I have to give praise to Veggi for being honest with you he is right, so am I. Good luck.
As a renter myself I understood that if I wanted a grow it would put my landlord at risk. No way am I going to do that to someone else.
I would be pissed at my residents (if I were ever a landlord) if any of them were to start a grow without consulting me first. That's really bad form.
If the courts can prove that you were aware of the grows (should be easy if they are outdoors), your property may be in danger of seizure. Those pieces of paper are MMJ recommendations; while the state may recognize them, the federal government most certainly does not, and pressure on landlords is one of the tools the Fed uses to discourage and punish anyone involved or potentially involved with cultivation.
In your situation, I would not approach the individuals personally, as that would be acknowledgement that you are aware of the activites. Rather, if you have a property manager, it would be in your best interests for that person to give the tenants notice that they must move their activities out of plain view immediately. It's horrible that it comes down to that, but until we get a new administration that agrees to rein in the DEA and recognize states' rights to pass their own MMJ legislation, your investment could be in jeopardy. I'm a landlord, and I don't care WTF my tenants do as long as it is discreet and does not damage the property or hurt others. I just don't want to know about it.
there was just a post on here how this couple in Florida rented to
(pot farmer) and destroyed the house owners didnt get in any
trouble
becuase in this case ignorance of not knowing what they are doing
is ok...
but like kush and stinky said its out doors it would be hard to prove
u didnt no
Looks like some mobile home owners are going to be too happy. :hippy:
Oh! Good point!
Do the tenants own the physical TRAILERS, and lease the land and hookups, or do they rent the entire trailer flat out? I'm not certain what difference that might make, but since this is certainly a situation that calls for you to speak with an attorney, that is something he or she will definitely want to know, as well as seeing a current copy of your standard lease agreement.
Going from there, you may wish to re-work your lease agreement to include a clause that reads something like this:
"The Tenant agrees that he will not undertake any activities on the premises that are in violation of any Federal, State, or Local laws or ordinances."
We landlords like to call that... covering our ass ;)
Please keep us posted on what you decide; it is very rare that we get to see this type of situation from a landlord's perspective.
The law is understand no matter what. Unless you are on a reservation or an embassy governed land plot, American law is just that and it is understood to be the rules no matter where you go within the country except for those mentioned. I understand that your renters have a plot of land specified for them to be on. They rent a spot so as long as they are growing on their spot it is their responsibilty and no you would not get into trouble. Just like if I rent a flat and have a balcony where I grow a plant, it is still my responsibility because I signed a lease with my name on it for that property so it entitles me legally to whatever happens under my name. As long as they do it on their plot then it is not your problem and I think you asked because you want to grow some yourself! LOL
Oh dude you said it was on their space right? Yeah it's their resposibility. They are seperate entities that rent a designated location from the proprietor of a park or large plot of land. They signed a lease which automatically states that what they have rented is under their name which pertains to the law as well. Legally as the landlord you are promising and legally binded to maintenance and providing living standards that coincide with the state's ordinances and renter's association in some cases. You are responsible for maintaining the land and keeping up with problems that happen with plumbing, landscaping, electricity, pest control, gas, propane, etc. AND sometimes security issues such as if you have a gate that is malfunctioning or security guards that are not always present - any service that is being paid for by the renter. That's it dude! No worries. :D
Well, now that you have gotten some good advice and bad advice it's up to you. Good luck. Choose wisely.:jointsmile:
You need to read the law. This is absolutely untrue. A landlord MAY be held liable for activities occurring on property that he owns, whether or not there is a lease, if he can be proven to be aware of those activities.Quote:
Originally Posted by Aspire420
Giving poor legal advice is as irresponsible as giving poor medical advice. If you do not have a good understanding of the law as it applies to a situation, do not pretend to. What is at stake in these cases is the OP's property, freedom, and reputation.
Stinky is absolutely correct :thumbsup: ... if the police were to prove the owner of the property was aware of ANY illegal activity, the landlord could be charged ... I have a friend who is in deep trouble right now, and one of his charges is "using his house for drug activity" ... get it through your head, folks ... GROWING POT IS AGAINST THE LAW ! ... the 'medical recommendations' only hold up in court, IF you have plenty of money to spend on attorneys ! ... sorry to burst your bubble, but that's just the way it is ... if growing, keep your mouth shut, and be discreet ... :smokin:
What a sad state of affairs :( Everyone wants benefits and rights that they then want others to defend for them. How typically American. You can't have your cake and eat it on the backs of those who sacrifice everything. I know that for many this has been the way we have seen wars fought. But this is a different kind of war because you are directly involved just by being a US citizen. Yes just being a US citizen means you are at war in your own country. What side you are on depends on where you live and what you do.
The federal government is corrupt and run amok. It is up to the citizens of this country to take it back one state at a time. If we can't hold our state governments accountable how can we ever hope to hold the federal government accountable? This war is being fought among the states by the types of laws they choose to pass. If you choose to live there then you must defend the laws that govern you. If not then you should work to change them or move to a state with laws more inline with your beliefs. But, until they are changed you should uphold and defend them. You should at the very least hold your elected officials and law enforcement accountable for upholding and defending the laws in their state and jurisdiction.
If you aren't willing to agree with the laws of your state then why do you live in that state in the first place? It's such a shame that everyone thinks that federal law trumps state law because there was a time in this country that states were sovereign and the feds couldn't tell them what to do unless it was a problem BETWEEN the states.
This community is losing the war because so many are not willing to risk anything to defend the rights they claim they have. IMHO, you cannot claim a right to anything if you aren't willing to do something to assert your right. Rights are illusions unless acknowledged by everyone. Even if one person doesn't acknowledge your right then is is only an illusion as they don't even see it, therefore it is not real to them. I'm not saying that they have to agree but they have to at least respect that it is your right or else it isn't real.
How unpatriotic to not be willing to defend your rights or to acknowledge the rights of others. It's the living in the dark world of fear that keeps us slaves. There is no freedom for those who live in fear. It's the fear that is used to control us. If you don't want to live in fear either be willing to sacrifice to defend your rights or follow the laws to the letter. To continue to live in the shadow just weakens the strength of what is done by those who are willing to risk something for what they believe in. Divided we fall!
The DEA & co. can't take everyone out unless we allow them to. I remember the shock waves in the community when OG went down. Something so simple yet so profound and the DEA won a major victory through terrorism. Because it was the fear in the community that was the real weapon and that is indeed terrorism. I believe this is only the beginning. Few want to acknowledge that we are living in very dangerous times regardless of what side you're on.
I'm sorry that this is my first post but I needed to vent about this. I get so frustrated with the fact that we're losing so much because of the terrorist tactics being used by our own government to subvert our rights. Especially when I see people who supposedly support something but when it comes down to it are really all about what's best for them. I can understand it but it's still disheartening.
Blessed be and peace be upon you~
Quote:
Originally Posted by GoddessHerb
WoW! Godessherb, awesome first post! Its like the truth ..but in ur face !! nice ;)