This Is Not Right? What Would You Do?

[GrowGod]

Ya just take them fed funds and drive to the dispo. To get your green! That way your still sticking it to the man!

 

[OgOnSteriods]

He lives in a low income /section 8 / HUD housing. Again no rights to smoke or grow in a federally subsidized housing (Prop 215 means nothing here) . He owns up to be cited about smoking a the property (Goes against prop215) and cited on the plant (Goes against prop 215 as well).

The guys friend let the manager/inspector in. There is no undoing that. That happened, photos were taken, and he was allegedly legal in California BUT BUT BUT since he/ his mom / his sister / all of the above are on some sort of FEDERAL housing assistance (among other presumably state&federal pr0grams) federal law trumps in this situation and since every lease includes a provision about not commit crimes it's a legal eviction.

Any lawyer taking this case with all the evidence in front of them is just trying to milk this kid for money.

Point of my case is theres no illegal activity going in my unit. Yes i have grow equipment but like i said before it was not operating point blank period since when is it illegal to own a cpl of fans, light and a 8 foot tent (No trace of THC). I could like to grow my own veggies. It would be diffferent if i had 6 or 7 plants in the tent and all the equipment is on. . My brothers containers are just bottles which has zero cannabis in them. They called me a DRUG DEALER which i find extremly offensive because i have had a job since i was 14 and i am only 25. Everything i do i try to do legally. In my Opinion , I feel like am a victim of a half ass written law pass with the state of CA. . The 215 LAW states you can only medicate in your home. So what about the people who dont have homes or live in these government funded buildings like i do. Which makes even more sense for low income people to medicated themselves because they cant pay 400 or 500 dollars a month on man made meds that do more harm then benefits. If anything could i sue the state for giving me insturctions on how to use medical cannabis and writting insufficient law that resulted in hardship?

 

[Seamaiden]

Have you bothered to look up California landlord-tenant law yet? Have you looked up your lease? You would be wise to not take legal advisement from NORML, they're known for not updating their site (sorry shegrows, but I've run into that problem with NORML more times than I can count, they don't even keep up on the state and local laws anymore it seems). As I mentioned previously, California's laws on tenancy can change, often significantly, annually.

EG, when I was a landlord back in '05-'06, I only had to give my tenant of 1yr a 30 day notice if we wanted him out (this is a very different thing from the 3-day notice to pay rent or quit, or to conform to the lease or quit). My sister had to give her tenant a full 60 days just 2 years later. It took me a full 4mos to get him out, and that was after he'd stiffed us for the rent and so got that 3 day notice to pay rent or quit (which came after a whole buncha hoop jumping on my part), so that was a full 5mos rent free. Sure, I could have gone after him for the money in court, and getting a judgement is easy, but collecting..? Ah, that is another story.

Furthermore, the method by which you are being evicted makes a difference, too. Really, only you know your particular situation, when where who how and why. Fair Housing is your friend and frankly, at this point you're a fool if you don't get in touch with them ASAP.

 

[markscastle]

Under state law you are allowed to medicate anywhere smoking is also allowed. Pro Medical people have asked that you smoke on the sly and don`t make an exhibition of it because they don`t want those who are not in favor of medical usage to have anything to point at in trying to have these laws lessoned. some local laws may also be applicable. You are right grow equipment and empty bottles is not braking any law. That is why you need to fight this. oh and eviction laws still fall under the state courts because the apartments are not on Federal land regardless of there funding. Contracts however can be enforced in Federal Court. But you should be the one who files so you also get to pick where to file unless they decide to appeal and that would only be after not getting satisfaction repeatedly in the State court system. I rather dought it would make it completely through the State Court system. With out any actual evidence on there part I don`t see how they could win in ether court systems.

 

[shegrowsbig]

I can agree 100% it's a shitty situation AND my advice comes as completely as someone who gets paid very well hourly to handle cases like this. Like mark but went all the way and deal with this stuff everyday. I'm just a nerd a message board, persue this any which way you choose, it would be foolish to drop it completely, at least put up a fight but be realistic enough as we all suggest and have a back up plan.

The law sucks in this state and california is way behind in handling this for a variety of reasons. I'll agree to a small extent at you being a victim but how short was your skirt? You had received ample warnings (red flags, wake up calls, amber alerts) that maybe you should take it down a little and be more discreet. (Stay off the radar, DL, dont ask , dont tell. pretend you are in a dry state with benefits)

At the end of the day we all want to get get high for whatever reason we got our recs but it's also your responsibility to not be THAT GUY.

Seamaiden, i just used it s a simple reference their advice still applies and the article is about working cannabis patients out of their homes is a real thing. It's not my bread and butter but i've consulted enough cases to see it exists. A lot of these memos dont even get released because they are strictly internal among the low income/HUD/Sec8 housing company. Low income housing is a big market and there is no short supply of disadvantaged americans to fill the slot.

I mainly work with insurance companies who decline coverage and drop clients over medical cannabis. It's a pretty small market and most cases are NDA. You can easily lose you homeowners insurance if anything ever happens and in the event of catastrophic loss, even have your claim denied because you were growing. Federal law is the law guys. This is bigger then california. I really dont think you guys get how large of an insurance liability people growing cannabis in a dwelling is. This is a war guys. Treat it as one.

 

[OgOnSteriods]

Have you bothered to look up California landlord-tenant law yet? Have you looked up your lease? You would be wise to not take legal advisement from NORML, they're known for not updating their site (sorry shegrows, but I've run into that problem with NORML more times than I can count, they don't even keep up on the state and local laws anymore it seems). As I mentioned previously, California's laws on tenancy can change, often significantly, annually.

EG, when I was a landlord back in '05-'06, I only had to give my tenant of 1yr a 30 day notice if we wanted him out (this is a very different thing from the 3-day notice to pay rent or quit, or to conform to the lease or quit). My sister had to give her tenant a full 60 days just 2 years later. It took me a full 4mos to get him out, and that was after he'd stiffed us for the rent and so got that 3 day notice to pay rent or quit (which came after a whole buncha hoop jumping on my part), so that was a full 5mos rent free. Sure, I could have gone after him for the money in court, and getting a judgement is easy, but collecting..? Ah, that is another story.

Furthermore, the method by which you are being evicted makes a difference, too. Really, only you know your particular situation, when where who how and why. Fair Housing is your friend and frankly, at this point you're a fool if you don't get in touch with them ASAP.

I've done my research and its just like shegrowsbig said the california law if completely one sided when it comes to 215 patients. I well try to settle this with the heads of Baker Management and hope we can come to a agreement. I was told it was ok by the regional manger of the apartment complex it was OK and we should have notified her sooner of our medical conditions. They did photo copy my REC and DL. This is back in 2014. I do not mind removing all equipment from property and even willing to sign or give them a written statement of such. I pray that who ever i talk to on tuesday has a level head and somewhat understands me, we will see. I did contact NORML this was there response....

Sorry to hear you’ve had to much trouble. Unfortunately, my attorneys all tell me the law is skewed in favor of the landlord in cases like this. Owners can allow or disallow whatever they like, whether or not it’s legal (e.g. cigarette smoking). You might be able to convince yours otherwise, instruct them about the law? (we have info at: http://www.canorml.org/PatientsGuide2013legal.pdf)
Possibly a tenants’ rights attorney could help you, there are local legal aid societies that sometimes offer them. One attorney on our list who does tenants rights is Steve Spiegelman 707-575-1103.
E.

I also wrote The Mayor of Los Angeles and The Governor of Ca no word from niether of them. Its not smart to risk getting a eviction trying to fight a coorp with deep pockets and what seems to be the law in their favor. Would be a much easier headache to look for another place to live. Sucks that people actually get done like this everyday but at this point the risk out way the payoff.

 

[Seamaiden]

Fair Housing will act as mediators here. They will, if nothing else, help get you sufficient time to find other arrangements.

 

[shegrowsbig]

I do wish you the luck and i wish i was wrong but the industry is a disaster in this state and like many other things in life that the 1% control it hurts all the little people.

I really truly wish more people could work together and form honest collectives pooling together equipment and their recs to just go in on large warehouse grows and share but you just can't get people to play nice with each other. =(

 

[OgOnSteriods]

THANK YOU EVERYONE

 

[Seamaiden]

I do wish you the luck and i wish i was wrong but the industry is a disaster in this state and like many other things in life that the 1% control it hurts all the little people.

I really truly wish more people could work together and form honest collectives pooling together equipment and their recs to just go in on large warehouse grows and share but you just can't get people to play nice with each other. =(

There's also another problem that many folks encounter--collectives being 'outlawed' locally. They're not legal in my county, no more than two patients can cultivate on any given plot, no matter the size (and there are MANY properties out here that are well over 100+ acres, most are at least around 1 acre).