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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33904
Experience:  Began practicing law in 1992
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Marijuana Grow Room Consultations: I used to grow my own marijuana

Customer Question

Marijuana Grow Room Consultations: I used to grow my own marijuana to smoke and was very good at it. However I am in Ohio now and it is still illegal, so I do not grow or smoke for fear of prosecution or losing my job. Family comes first so I don't want to risk losing anything over it. With the strong possiblility of legalization in Ohio in the next couple years I see the ability for me to make a little extra money for my family and myself. I also find joy in helping people who could benefit from Cannabis. Here is my question. Is it legal for me to offer Grow Room Consultations and Cannabis growing Consultations? Can I go into someones home, sign a non disclosure agreement (for their comfort and security and to protect myself from having to testify against someone), check out their plants and room then give them advice for a fee? Can I do these things as long as I am only giving instruction?
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.Not right now you can't. First, marijuana is still against federal law everywhere and so if you assist them, even in providing advice on how to set up a grow room, you could be indicted on a federal charge. The chances lessen greatly in a state that has voted it legal but it is still a possibility and with a state where it isn't even legal yet you stand a chance of being charged in both state and federal court under a variety of charges including a RICO charge which is serious business because if they use your information and set up a commercial growing situation you could be charged with the full amount the entire "conspiracy" grows.Second, a non-disclosure agreement doesn't do anything to protect you from having to testify or to protect you from them testifying against you.
Expert:  Dwayne B. replied 2 years ago.
In the states where marijuana is legal the feds have said they aren't going to pursue charges but it doesn't mean they can't pursue them.
Customer: replied 2 years ago.

What if I am using terms that do not imply growing Marijuana? If I am making the assumtion that I am consulting in a grow room for vegetables would that not protect me? Just like when you go into a head shop and they are not allowed to use the term "Water Bong" instead they say "Water Pipe" there are terms that can be used that only imply growing food. The same way people in Hydroponic Garden supply stores speak. It's not uncommon form people to grow food indoors. I know I used to when I grew. Indoor home grown strawberries are amazing. What if I had them sign a terms and agreement saying my advice was only for vegetable and fruit growing and was not intended for Marijuana growing?

Customer: replied 2 years ago.

Also how does a company like Cannabis College come into Ohio and have a seminar on setting up grows, how to process material and even set up dispensaries? Why don't they catch a RICO charge then?

Expert:  Dwayne B. replied 2 years ago.
Yes, if you discuss growing veggies, prepping for disasters, etc. you are safe. Just don't discuss marijuana. Having them sign a term sheet stating you are discussing growing fruits and veggies provides an extra layer of protection.No idea how Cannabis College operates. They may just be willing to take the chance. It may very well be that they don't get charged but if they do.....
Expert:  Dwayne B. replied 2 years ago.
RICO is an especially dangerous charge because if you do any act that assists them in the commission of illegal acts then you are responsible for all illegal acts. So, for instance, if you show them how to set up a small grow room in their house with six plants and they then take that knowledge and rent a warehouse and grow 6000 plants and get caught, you can get charged with the weight of all 6000 plants just like they can.Hardly worth the risk while it's illegal.
Expert:  Dwayne B. replied 2 years ago.
I'm about to sign off for the evening but will be back on in the morning. If you have follow up questions then post them in this thread and I'll pick up when I return,If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.