rental and medical marijauna

[ssawka]

Maybe you could talk to the person running the daycare and have them call. I do not think that they knew the who situation when allowing him a growing permit.

I really don't see why the day care is an issue. Are you worried that the kids will try to get at it? or that having the marijuana is going to make it a house ill repute? The kids won't even know it's there if you don't make a big deal out of it.

I don't get the social stigma associated with marijuana compared to other prescription and socially accepted drugs. Would you be concerned about BIL having a beer on the front porch with a day care next door?

 

[Indiana Rose Lee]

Actually I would have a problem with a bucket of prescription drugs sitting on the porch. A better analogy. Alcohol is legal to anyone over the age of 21. Marijuana legal to those with a script. Just like Vicodin, Perc, etc.

 

[ssawka]

Actually I would have a problem with a bucket of prescription drugs sitting on the porch. A better analogy. Alcohol is legal to anyone over the age of 21. Marijuana legal to those with a script. Just like Vicodin, Perc, etc.

You are correct, prescriptions are a better analogy, but these my sit outside as well with people mail ordering. Now I know that narcotics need to be signed for, but I don't think other meds do.

 

[MrsPete]

Just last week on TV, I heard the statistic: [In the period being discussed, a year, I think], over 5,000 people died in car accidents; over 5,000 people died from alcohol-related deaths; the number of people killed from marijuana in that same period? Zero.

You know this isn't really true. You can make statistics appear to say things that are quite false.

Some of those 5,000 people killed in car accidents had wrecks because they were smoking marijuana. Sure, it was the wreck that killed them, but if they hadn't been high, they probably wouldn't have been in the wreck. I personally know a kid who decided (while high) that she could jump from a second story balcony into a hotel pool. She missed. She didn't die, but she was hurt pretty badly and will be in rehab for a while; right now she cannot walk. Yes, technically her injuries were caused by a fall, but if she hadn't been high, she would've had better judgement. And you can't ignore the violence that goes on with the buying-selling; I hear plenty of that in high school.

 

[MrsPete]

Does the lease say he cannot construct such a building or destroy the yard?? Does the lease say he cannot have a garden of any type?? Would you be having an issue if he had torn up the yard to start a garden full of vegetables or herbs??

This is the question I was wondering. What rights does he have with his lease? Does he have the right to cut down a tree so he can install Dish TV? Dig up your azaleas and put in holly, if that suits his taste? This goes beyond typical yard use; it's more than having a barbeque or bringing in a picnic table. It's also way more than putting in 1-2 tomato plants. What rights does he have to the yard?

 

[Indiana Rose Lee]

You are correct, prescriptions are a better analogy, but these my sit outside as well with people mail ordering. Now I know that narcotics need to be signed for, but I don't think other meds do.

i am pretty certain that the person picking up the medical marijuana has to show up in person.

The scripts I get in the mail aren't labeled or sitting out in plain view. If the postal folk put a big old sign up saying "drugs here" it might be similar.

 

[eliza61]

I'm not a landlord and don't know much about the law, but that would not be ok with me. If he smokes it outside, fine, but I wouldn't want him growing it in OR outside. It could become a nuisance if people start breaking in to steal it, etc.
It seems to me if you own the place you should be able to rent it to whomever you see fit I'd go ahead and evict him, cite something else or tell him you've decided to sell the place or something
My sister was a drug addict all through high school (started with marijuana and worked her way up to crystal meth) and I would absolutely NOT be ok with someone growing or even smoking weed anywhere near me or my things.

Unfortunately you cannot go around evicting people simply because you don't like them. Tenants have seriously strick laws to protect them and if BIL decides to fight it, it is costly to get a person evicted and if she should lose it's even worse.. Heck, it's a pain in the butt to evict someone when they don't pay their rent. So far from the op, he has done nothing illegal. he has a prescription for the medicine, not unlike having a prescription for oxycontine.
Cite something else that is untrue is called lying and courts generally have a problem with that. silly isn't it.

 

[sfarmbo]

Again, my problem is not him smoking it. It is the fact that he dug a garden 12 ft by 15ft and 4 ft deep. Destroyed the grass to plant "grass" . Put up a 8ft fence made of plywood. Have you ever seen a fence built from plywood. Ugly...
My DH is at a lose. Doesn't believe he is medically needy of the card. It was a broken leg from 15 years ago. Thinks he is doing it just for the legal high.
Yes, we have talked to him, said fine smoke all you want, do not plant any (can get it at any of the clinics), If he had an ear infection and got a prescription he can't grow it.
He is on a month to month lease. It is like you give someone an inch they take a mile. He told a neighbor he can do what he wants since brother owns the place and will never kick him out.

 

[Leajess99]

Again, my problem is not him smoking it. It is the fact that he dug a garden 12 ft by 15ft and 4 ft deep. Destroyed the grass to plant "grass" . Put up a 8ft fence made of plywood. Have you ever seen a fence built from plywood. Ugly...
My DH is at a lose. Doesn't believe he is medically needy of the card. It was a broken leg from 15 years ago. Thinks he is doing it just for the legal high.
Yes, we have talked to him, said fine smoke all you want, do not plant any (can get it at any of the clinics), If he had an ear infection and got a prescription he can't grow it.
He is on a month to month lease. It is like you give someone an inch they take a mile. He told a neighbor he can do what he wants since brother owns the place and will never kick him out.

All you need is 30 day notice in writing that you want him out. You do not have to give a reason for it and if you do I would use the terms of damage to the property.

 

[crisi]

Again, my problem is not him smoking it. It is the fact that he dug a garden 12 ft by 15ft and 4 ft deep. Destroyed the grass to plant "grass" . Put up a 8ft fence made of plywood. Have you ever seen a fence built from plywood. Ugly...
My DH is at a lose. Doesn't believe he is medically needy of the card. It was a broken leg from 15 years ago. Thinks he is doing it just for the legal high.
Yes, we have talked to him, said fine smoke all you want, do not plant any (can get it at any of the clinics), If he had an ear infection and got a prescription he can't grow it.
He is on a month to month lease. It is like you give someone an inch they take a mile. He told a neighbor he can do what he wants since brother owns the place and will never kick him out.

If your husband doesn't grow a backbone, his brother is right. Evict him, you own the property, you told him not to plant the garden. Don't evict him over the marijuana though, just say you want to take your property a different direction - fix it up and sell it maybe.....

 

[ssawka]

i am pretty certain that the person picking up the medical marijuana has to show up in person.

The scripts I get in the mail aren't labeled or sitting out in plain view. If the postal folk put a big old sign up saying "drugs here" it might be similar.

I don't think the marijuana is labeled either and unless you knew it was there you probably wouldn't notice.

 

[Indiana Rose Lee]

I don't think the marijuana is labeled either and unless you knew it was there you probably wouldn't notice.

lol, most of us know what it looks like. even the kids know now thanks to the lovely paintings on the medical marijuana buildings.My 9 year old was an expert at watching for them.

Plants growing where people can see them will invite trouble. It is inevitable.

You seem awfully defensive of the OP's brother. It is her land. She doesn't have to allow the plants to be grown on her property. Nor should she have to. If he wants to grow, let him go buy his own house and plant on his own property.

 

[ssawka]

My DH is at a lose. Doesn't believe he is medically needy of the card. It was a broken leg from 15 years ago. Thinks he is doing it just for the legal high.

I'm sure many people will "cheat" the system for a "free high" and DH knows his brother best, but this is a tough call without the medical expertise. If a doctor gave him a script, it's legal. If it really bothers you kick him out, but unfortunately outside of that there's not much you can do.

 

[eliza61]

He is on a month to month lease. It is like you give someone an inch they take a mile. He told a neighbor he can do what he wants since brother owns the place and will never kick him out.

LOL, which is why I have a standard policy not to rent nor lend out my dvc points to family members.

In my life money and family do not ever mix.

If you evict him will this cause stress with Dh and his family?

 

[stichy]

Is there anything in the lease that states he can not plant anything in the yard. If not you have no reason to evict him. Sounds like the plywood fence is his way of keeping the plants private so there are no thefts. Would you rather he be growing it in the house? Do you pay the utilities on the property. Because growing indoors is expensive. You need grow lights on pretty much 24/7 which use large quanities of electricity. Any a special watering system. It's not up to you to decide if he medically needs the drug.

 

[Scurvy]

Again, my problem is not him smoking it. It is the fact that he dug a garden 12 ft by 15ft and 4 ft deep. Destroyed the grass to plant "grass" . Put up a 8ft fence made of plywood. Have you ever seen a fence built from plywood. Ugly...
My DH is at a lose. Doesn't believe he is medically needy of the card. It was a broken leg from 15 years ago. Thinks he is doing it just for the legal high.
Yes, we have talked to him, said fine smoke all you want, do not plant any (can get it at any of the clinics), If he had an ear infection and got a prescription he can't grow it.
He is on a month to month lease. It is like you give someone an inch they take a mile. He told a neighbor he can do what he wants since brother owns the place and will never kick him out.

I don't understand the problem. You don't like that he's essentially re-landscaping your yard without permission, which is understandable. But really, the specifics don't matter. You don't like what he's doing with your property, so don't keep renting to him. If he's on a month to month lease, then give him 30 days notice that you won't be renewing the lease for another month. You have every right to do that.

 

[Cdn Gal]

Let's be honest- none of us would want that next door to us. And hey- I'm from Canada- nuff said. I would tell him about my concerns, and then ask him to leave. Just because he has a legal card, doesn't mean that you have to broadcast it to everybody. Up here it is legal, and yes we have the 'growers' as they are so fondly called. But even the growers know that it is in bad taste to plant a garden in your backyard. So... they go up river and do their cultivating and harvesting etc. in private. Everybody is happy, the neighbours, the day cares and yes, even the growers.

 

[ssawka]

Let's be honest- none of us would want that next door to us. And hey- I'm from Canada- nuff said. I would tell him about my concerns, and then ask him to leave. Just because he has a legal card, doesn't mean that you have to broadcast it to everybody. Up here it is legal, and yes we have the 'growers' as they are so fondly called. But even the growers know that it is in bad taste to plant a garden in your backyard. So... they go up river and do their cultivating and harvesting etc. in private. Everybody is happy, the neighbours, the day cares and yes, even the growers.

Honestly, it would not bother me in the least to have neighbors growing marijuana next to me. Personally, I do not use it because it is illegal and it would hurt my career, but I do believe that people have the right to have it especially if it helps relieve pain. I have neighbors that raise bees, and honestly I'm more concerned about that given the number of people that are allergic to bee stings.

 

[ssawka]

You seem awfully defensive of the OP's brother. It is her land. She doesn't have to allow the plants to be grown on her property. Nor should she have to. If he wants to grow, let him go buy his own house and plant on his own property.

Absolutely it is her land and she has the option to stop renting to him. However, if he is neither in violation of the lease or the law then I honestly do not see what the problem is. I have said in several posts that she should stop renting to him or kindly ask him to stop growing. What I do have a problem with is people's prejudice towards someone who is acting in a lawful manner. Just because you rent to someone does not mean that you can control everything they legally do in the property unless you specify it in the lease. Now if marijuana was illegal where they live or the BIL did not have a prescription that would be a whole different matter.

I personally do not smoke marijuana because it is not legal where I live and it would hurt my career, however if I ever needed it I'd like to know that I could use it without being persecuted for it. Now whether or not someone needs it might be questionable but I do not have the medical knowledge or training to judge one way or the other.

 

[disykat]

Honestly, it would not bother me in the least to have neighbors growing marijuana next to me. Personally, I do not use it because it is illegal and it would hurt by job, but I do believe that people have the right to have it especially if it helps relieve pain. I have neighbors that raise bees, and honestly I'm more concerned about that given the number of people that are allergic to bee stings.

Do bees attract people trying to score bees to sell honey on the black market?