I live in Denver where Marijuana is now legal. My husband has a medical marijuana card which allows him to grow 70 plants. He currently has 9 or so plants in our garage where he grows them (well within the plant count). I am worried if I might get in trouble for living on the same property. I do not smoke pot and do not have medical marijuana card. If this is illegal for me, then I would have to get another living space for me and my husband.
Criminal Defense Attorney
It would be unlikely that the police would charge you for your husbands plants and even care about a patient with a recommendation of 70 and only having 9. However, the criminal offense for cultivation does allow a person to be charged if they are allowing land owned or occupied by them to be used for the cultivation of marijuana. The medical marijuana amendment allows a criminal exception for a red card patient to have 6 plants (no more than 3 flowering) and up to 2 ounces of marijuana. Once a patient goes above that amount they are giving up the exception and relying on an affirmative defense, a much weaker defense. The passage of amendment 64 is not law until the Gov. signs it, which could be postponed until Jan. 5, or even longer if the Feds try to block its passage.
Marijuana is against federal law. Federal law supersedes state law. A person could be charged and convicted for marijuana related crimes such as possession, cultivation, distribution, manufacturing, transportation, and conspiracy.
Administrative Law Lawyer
I agree with Mr. Black's response. And for your information both he and I handle matters involving MMJ. Regardless of your relationship with your husband there is no law prevent you from living on the same property as an MMJ Patient, especially one who is well within their plant or medicine limit. You might want to consult with an attorney re getting legal advice conerning the scenario if you or your husband were confronted by law enforcement at your home regarding your rights and strategies, as well as looking into methods by which you can limit attracting neighbors (i.e. smell/odor emitting as a result of the medicine).
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