Cargiver in commercial property?

my interpretation of the law is that IF you are going to grow in a residential area (ex. in the basement of your home) THEN you must have a safe and secure area.... however I didn't see that you must grow at a residential property...


so can we rent commercial properties?
 

cranker

Legal Moderator, Esq.
I think that depends on the state but I don't see anywhere where it specifically said not to, although I wouldn't want it to be seen from a storefront.
 

Maine Brookies

Active Member
I interpret the law as saying that you can only grow on property that is under your control (e.g. you can't grow in your friend's closet or on land in the NMW). Rentals are considered to be under your control, whether commercial or residential.
 
I interpret the law as saying that you can only grow on property that is under your control (e.g. you can't grow in your friend's closet or on land in the NMW). Rentals are considered to be under your control, whether commercial or residential.
I think that is correct


so no cooperatives but you can share a grow space with one other caregiver?

however you can share a grow space with one other caregiver ONLY IF you grow in your household or residence?



"(2) Two primary caregivers who are qualifying patients, if those primary caregivers are members of the same household and assist one another with cultivation; and

...

D. Two primary caregivers who are members of the same family or household may share the same enclosed, locked facility."


it sounds as if they mean to say two caregivers can't share the same commercial "enclosed , locked facility" but can if the "enclosed, locked facility" is in the residence... but in D. it doesn't say the "same enclosed, locked facility" must be at or in the household or residence.... they could have done better to explain this




nvm I took part C in the above quotation from the wrong part of the law...... its not applicable to my quetion... the above is a list of exceptions to HAVING to register with the DHHS... however part D may apply to my question... but doesn't seem to answer it... can two (and only two, no more) caregivers share one enclosed commerial property? I feel as if part D is trying to say "no they cant" but doesn't the way its worded doesn't seem to imply the locked facility MUST be at the residence... seems to only apply that the caregivers live together? strange...
 

Maine Brookies

Active Member
I think that is correct


so no cooperatives but you can share a grow space with one other caregiver?
Yes. But, as you said, only if that caregiver lives in the same household. So my wife (or anyone else who lives with me) and i could both register as caregivers and we could legally share the same growspace.
 

potpharm

Member
The law does not state how many growspaces there can be on any one property. If you have a huge basement, and divide it with a wall, does that constitute a seperate growspace that two OTHER family members may use, thus allowing a total of four caregivers to grow on the same property? Does anyone have any wisdom on this point?
 
The law does not state how many growspaces there can be on any one property. If you have a huge basement, and divide it with a wall, does that constitute a seperate growspace that two OTHER family members may use, thus allowing a total of four caregivers to grow on the same property? Does anyone have any wisdom on this point?

if you can sufficiently prove you aren't a cooperative (see definition in 1296) you may be able to do this... having multiple locked facilities on one property with a single address may make that a hard sell..... plus I think they specifically dont want you doing what you are suggesting and even if they way things are worded allows for such a loop hole you are still going to be bringing on some unwanted attention and a large amount of lawyer fees
 

potpharm

Member
True, dat. But, I'm just seeking absolute clarity in the law. I don't want to exploit any loop holes, per se; I just want to know what is legal and what is not. It seems that the current laws contain quite a bit of gray area, and in the end, that will be bad for growers/caregivers, I think. What I really want is for the whole implementation to go smoothly and be a success! I'll check out 1296 some more. Thanks.
 

tet1953

Well-Known Member
What is the state's worry about cooperatives anyway? Is that a protection clause for dispensaries?
 

Maine Brookies

Active Member
What is the state's worry about cooperatives anyway? Is that a protection clause for dispensaries?
Collectives are believed to be a source of black market cannabis.

PS. Drift - your message box is full. I can't reply until you empty some of it.
 
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