Can I go to jail for marijuana I did not cultivate in California? 7 Answers as of November 29, 2010

Can I go to jail if my roommate cultivates marijuana on the balcony of a separate room from me and the police come?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Even if you did not personally cultivate the marijuana plants, you could be charged as an aider and abettor if in some way even indirectly you assisted his efforts knowing that they were marijuana plants. In addition, even if that were not the case you could be deemed in constructive possession of the plants because you had potential access to them as a result of your living arrangements. On the other hand, realistically, if the police truly believed that you were really not involved it is likely you would not be charged along with your roommate.
Answer Applies to: California
Replied: 11/29/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
No, you will not go to jail for your roomates cultivation of marijuana.
Answer Applies to: California
Replied: 11/4/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Possession of Mj. is still illegal. Roomates are frequently arrested unless the grower confesses to the police.
Answer Applies to: California
Replied: 11/4/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you are convicted of a crime, you can go to jail. Whether you can be charged and convicted will depend upon all the facts and evidence. Having cultivation taking place on your property puts you at exactly that risk. If you are charged with such crime, feel free to contact me if serious about getting legal help.
Answer Applies to: California
Replied: 11/4/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
In any criminal case, they must be able to prove all the elements of the
crime in order to convict you. The burden of proof to convict is much
higher than it is to arrest you, so the answer to your question depends on if you are asking if you can be arrested or if you will be convicted.

If there is evidence that you participated in any way (either directly, such as an occasional watering, etc) or facilitated the cultivation (they may make a stretch to say that since you pay rent, you're participating in the illegal activities), then you can be arrested. Will the charges get filed against you? Again - that depends on the exact facts and what they think they can prove against you.

Unless the room is 100% separate, he has a medical certificate and he is within the legal limits, there is the possibility of your being arrested and charged.
Answer Applies to: California
Replied: 11/4/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If both of you have access to the balcony, yes. If not, no.
    Answer Applies to: California
    Replied: 11/3/2010
    The English Law Firm
    The English Law Firm | Robert English
    Quite possibly. If the police/prosecution can make a case that you had some control of the area, then you could face charges.
    Answer Applies to: California
    Replied: 11/3/2010
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