Can The feds confiscate my home if i am busted for growing medical marijuana in my own back yard

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   Arnold Hernandez

   Newport Beach Wrongful Death Attorney

   Contributor Level 8

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   Answered June 15, 2012 13:46. Don't risk it. Another risk is that drug dealers or users may find out and break into your home, you could end up losing your life, not just your home, for just growing a few plants.

   This is not legal advise and my opinion is not intended and does not create an attorney client relationship. Use... moreThis is not legal advise and my opinion is not intended and does not create an attorney client relationship. Use this information at your own risk. less

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2. 

   Clifton L Black

   Colorado Springs Criminal Defense Attorney

   Contributor Level 12

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   Answered June 21, 2012 13:12. The Holden/Ogden memo issued in October 2009 states that the Feds will not use limited Federal resources to go after patients and caregivers that are in full and unambiguous compliance with state medical marijuana laws. However, the memo also states that the memo itself cannot be used as a defense and the Feds can change the policy at anytime as there is no such thing as medical marijuana in the Federal system.
   
   As a medical marijuana attorney in Colorado, I have not seen the Feds go after any patient or caregiver (as defined under Colorado law) that was in clear compliance with the state law. However, the Feds do have an absolute right to do so, and yes, they can cease property that was used to commit the offense.
   
   As an attorney, my option has to be the same as the other attorneys, you should not be violating Federal law. When I discuss medical marijuana with my clients, I first give a detailed explanation of Federal law, the fact that any amount of marijuana or any number of marijuana plants are illegal. There are also sentencing enhancements for amounts of product and plants, weapons, near school zones, playgrounds, amount other locations. After going of Federal law, I then explain the state and local law. It is up to the client to decide if MMJ is something for them. But I would never tell somebody being involved with MMJ is a good idea.
   
   You should certainly meet with a local attorney who understands the legalities as this information cannot be deemed legal advice.

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3. 

   Christian LassenPro

   Philadelphia Medical Malpractice Attorney

   Contributor Level 20

   

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   Answered June 14, 2012 22:29. Best bet is to get rid of the plants, as the feds don't always respect the state marijuana laws. Why risk possible arrest/jail/loss of assets? Toss the plants.
   
   
   
   The answer does not create an attorney/client relationship and is for informational purposes only.
   
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