Is it okay to grow outdoors in mobilehome park

[parkowner]

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

parkowner Reviewed by parkowner on 07-17-2008. Is it okay to grow outdoors in mobilehome park 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 Rating: 5

[veggii]

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

[8182KSKUSH]

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.

[KJizzle43]

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.

[stinkyattic]

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.

[twitch]

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

[HerbalConfusion]

Looks like some mobile home owners are going to be too happy. :hippy:

[stinkyattic]

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.

[Aspire420]

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

[Aspire420]

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.