Josh,Thank you for your follow-up.In this situation the police would not be able to help. The reason has nothing to do with the fact that this is a medical marijuana establishment but as there is no agreement in place, there is a legitimate factual issue as to who owns what. That is a 'civil' issue rather than criminal. It means that you would have to go to court and file suit against him for the assets in question. You CAN potentially call the police with a copy of your lease, point to the fact that you are on the name, and locked out, and ask that they supervise you breaking back into the premises. If the police agree, you could re-enter and then remove your equipment without penalty--just bring a truck. If there is no lease in writing and no evidence, you would need to go the long way around--you would need to go to court, file for 'replevin' (return of personal property), and use that as a basis to get an order allowing you to re-enter and remove your things if he refuses to return them. I see that as your best option, ideally, based on the facts provided.Good luck.
Josh,Thank you for your follow-up.The plants that belong to patients are ultimately not your responsibility--it is the responsibility of the patients to contact him directly and compel him to perform the contract or return the plants. He legally would have to return their property back to them--he likewise cannot hold those items, and they could also go to small claim court and sue him for the return of their personal property. This is a 'legal' plant, so the courts can provide recourse and can hear this because the contract the patients entered into was valid and binding under your state's law.Good luck.
Josh,Perhaps I misspoke when I said they weren't your responsibility. I meant that as you are locked out yourself, the other party is the one who is in violation--they have to pursue him if he is refusing to return the property. That is what I meant that the plants are not your responsibility.Good luck.
Josh,I do have medical marijuana law expertise. I have set up medical marijuana shops in multiple states including New Jersey, where they are still being ramped up.This is NOT a marijuana law question, this is a personal property law question. The assets owed to you can be pursued by you via the courts. The assets owed to your patients can be pursued by the patients as they are the ones who are injured by his behavior. The suggestions I provided are what will work in this instance-there is no real magic to it even if the subject matter is somewhat unique. Courts are prepared to help but the police will not as this isn't a criminal issue--this is a civil matter for the courts to decide.Take care.
Josh,Thank you for your follow-up. I will be happy to reply to both but I do have to inform you also that it is very late here, and I will be logging off to get some much needed rest once I post my response. Should you have any further questions i promise to reply to them but only after I wake up and log back on.To respond:If you file quickly enough, you can potentially get a hearing within 6-8 weeks. It is not the fastest process out there. As for repossessing on your own, provided you get access legally, it is a non issue--you are still nominally a partner in the business, and if you can somehow get access, get a truck to remove the items, and leave the premises, it would not violate the law. But you cannot use force--any repossession of your property has to be 'peaceable' in nature.Hope that helps, and if satisfied, kindly do not forget to positively rate my answers so I can be compensated for my assistance. Thank you!
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