[typevx]

I am considering moving into my buddies place and being his roomate.. one concern is he smokes weed, which doesn't bother me at all I'm just concerned if he ever got busted and the police came out to the house, would they steal all my guns even though I'm not involved in the weed smokin?

sidenote: all firearms would be kept in my room.

Thanks guys :)

[retgarr]

that sounds like a grade A bad idea. I'm guessing your guns would be gone.

[1 old 0311]

YOUR guns, and HIS weed would be shown on the news.

[goalie]

The fact that you are even asking the question pretty much tells me that you already know it is a very bad idea.

And, yes, they would likely take your guns, and it would be a PITA to get them back.

[righteousbarbarian]

it's a real shame about cannabis prohibition. it is truly ridiculous.

i don't know if it makes a difference but will you be on separate leases?

[cassandrasdaddy]

good be the least of your worries we had a nice young man here shot and killed as a result of his roomies activities

[typevx]

righteousbarbarian, I agree it is a shame I believe what people do in their homes is their own business, UNLESS it is hurting someone else (i.e. spousal abuse etc) But I think if a tax paying citizen wants to smoke a joint after work they should be able to.

but no I wouldn't be on the lease... he owns the house he just needs a roomate and would be willing to let me move in for super cheap (like $200-300a month, and it's a 3br/2ba house WITH a porch :) )

Thanks to all for the responses so far, I need a LE officer to ask, but I can't just go to the sheriffs office and say "uh, my friend smokes weed..." :D

more responses please :)

[PotatoJudge]

Don't ask LE for legal advice. At best they try to be helpful, but they're not lawyers and don't know the law like you need them to. Really though, you don't even need a lawyer for this one. Just don't do it.

Even if you store the guns off site, it's going to be a bad scene. A bit of weed opens one up to some unsavory characters in addition to the legal problems you may encounter.

[Neo-Luddite]

The world is imperfect and I personally have no problem with people using canabis if they are adults.

That said, and as said, NOT a good idea--especially if your room does not constitute a lawfully separate residence.

A lot depends on the political climate where you live--but STILL not a good idea.

[cassandrasdaddy]

"A bit of weed opens one up to some unsavory characters in addition to the legal problems you may encounter."

bingo! the young man killed didn't get high nor his roomie roomie just sold a lil for a sideline. interesting enough had 35 years of probation time over his head

[Dksimon]

I agree that it is a bad idea regardless of wether you have firearms in the house or not.

[The Lone Haranguer]

A bit of weed opens one up to some unsavory characters in addition to the legal problems you may encounter.
These characters are my biggest worry. Your bud (pun intended) has to get the stuff from somewhere. And, is he dealing in and/or growing the pot? (Not saying he is, but it does happen.) That, coupled with word getting out about firearms in the home, will make both of you a target for a ripoff.

[schadenfreude]

My 2 cents

In my State, possession of an ounce or less is a misdemeanor and a $500 fine. Ticket able offense. They usually only confiscate firearms and I stress usually in the case of growing and trafficking or if the firearms weren't legal, i.e. stolen, BATF violations etc.... I see a lot of people saying that your guns will be gone but possession doesn't really work like that.

1. The ways that your rooms can get caught is driving under the influence, wont have anything to do with his house or roommate unless they find a felony amount and have probable cause to thing growing and trafficking is involved.

2. A neighbor smells it and calls the police. The police do a "knock and talk" and try to determine if they can get him to admit that he has it and they can come in based on that or if they smell it. Either way it's possession and why would that be subject to your firearms if you can prove they are yours and legal.

3. Former lover or roommate snitches him out, see above.

The risk is low for you depending on your state or city laws which you can find out at norml.org


There are a lot of cannabis related forums and you could find a lot of answers. I've read tons of stories about possession busts stemming from a loud party and the like and have never heard of a single thing confiscated other than paraphernalia. Plus in 19 years of watching COPS on TV I've never seen it happen :D

I had to learn a ton about this and ALL the laws for my state because I had to help a very old, very sick person learn to cultivate under my states medical marijuana act. I don't use but I have the utmost compassion for those that need to.

[Sage of Seattle]

I don't use but I have the utmost compassion for those that need to.

I think you got the wrong screen name in that case! :neener:

A thing to consider is to make certain that both of those items (your guns and his weed) are separately locked up, with no access between your things. If you don't have access to his room (lock on the bedroom door that's actually kept locked at all times) and he yours, then that will help in establishing that you had no control over those substances and therefore could not be considered to have constructive possession (and vice versa).

Again, IANAL, but I think often people get busted all the time by holding constructive possession over drugs. Cops don't care whose drugs they are, just as long as someone is going to jail for it.

That may help, then again it may not. I hope it gives you something more to think about. As far as personally, as long as the potential rooommate works and can pay his bills, I really wouldn't care less what he ingests. Well, I would care if it were coke or heroin, but for maryjane? Nope, don't care.

[schadenfreude]

I think you got the wrong screen name in that case!

I picked this name about 5 years ago when I joined........... I have done A LOT of growing up since then. Maybe I should start over lol....

[typevx]

schadenfreude, thanks for the insight (hunter S. Thompson all the way :D)
sage, totally right on.. I think he should be able to ingest whatever he wants and it should have nothing to do with me and ditto on the locked doors.... I think I'll do some reading on norml.com

[romma]

In an ideal world, you should be able to do that.

This is far from an ideal world...

I wouldn't.

[typevx]

nice quote... v for vendetta-ish

[Kaeto]

Problem is if he gets arrested for possession the house and all contents could be seized for forfeiture.

[Jeff White]

If you hang with people who live a criminal lifestyle, don't be surprised if you get caught up in it. I'm not saying that smoking weed is bad, but it is illegal.

Say your friend sells a little extra to a buddy couldn't find his connection. The buddy gets stopped an hour later for a burned out tail light and the officer smells the odor because he was toking up while cruising around, or a K9 hits on the car and it's found in the search.

The buddy meets with the local narc at the pd and finds out he can make it all go away if he rolls over on where he got it. So he rolls over on your room mate. A couple hours later he's telling his story to a judge who signs a warrant. An hour after that the warrant is served. You are going to have a very hard time distancing yourself from your room mate.

You will most likely be arrested and charged along with your room mate, and you'll be out a lot of money to clear your name, if you even can.

If you want to live a safe and relatively trouble free life, don't live a criminal lifestyle or hang with those who do.

Jeff

[pyle]

Bad idea - wouldn't do it. Too many things that can go wrong - not enough "upside" for you. I like to keep situations under my control (as much as possible) and this situation has too many "things" that could go wrong.

[PotatoJudge]

typevx, since you're new I'll point out that Jeff White just gave you the LE advice you're looking for.

[Futuristic]

It's been said by numerous folks, though John Farnam or Clint Smith get the credit most often:

Don't go stupid places. Don't hang out with stupid people. Don't do stupid things.

Sage advice for living a trouble free life.

And, for those who advocate the legalization of cannabis, I would submit that, sure, that might be a noble goal. It might even be the right thing to do. But, it isn't the law YET. In the meantime, you can rant and rave (just like the NFA guys who wonder why we can't save our outdoor ranges by having simple silencers to eliminate the noise complaints...) but the law is the law until it changes. And, I define routinely defying the law as Stupid. Unless you are the next Gandhi, in which case, go for it.

Futuristic

[vis-à-vis]

I had a roommate who hid a cocaine habit from us about a year and a half ago now. I ended up booting him partially for fear of what the OP brings up [mostly I didn't want to get evicted and he was having real problems], but I did call the local PD and spoke with the Officer in Charge for the shift. He said in situations like that where there are multiple lease holders and everyone had their own rooms, only the man in actual possession could be charged with a crime.

I'd be less concerned about marijuana, however. Make sure your roommate, for his benefit and your own, keeps it under the felony level in terms of weight. In KY I can have up to an ounce before they consider me the greatest scum that ever walked the bluegrass.

I wonder how many here smoke doobie?

[nicki]

Generally guns and drugs are a bad idea. That being said, things are very different depending where in the country you are.

In Oregon a sheriff was told that he had to issue a ccw pernit to someone who had a mdeical marijuania card in spite of the sheriff complaining that the card holder was violating federal laws on marijuaina.

There have been reported cases of people defending their medical marijuania crops in Northern California.

The former sheriff of Mendocino county would allow people to keep 2 punds of pot for medical use and transport 8 ounces. I believe the new sheriff may be continuing the policy, prior sheriff was very popular.

He also was one of the few sheriffs in Califorina who ran the CCW system on a shall issue basis and openly encouraged people to apply.

From a historical point, the Pot Laws and Federal Gun Laws are both examples of abuse of re interpretation of the "commerce clause" to allow the Feds to control every aspect of our lives by claiming everything we do is some form of "Interstate Commerce".

Perhaps if NORML(National Organization to Reform Marijuania Laws) and gun groups would set aside differences and work together to fix this abuse of federal authority, alot of bad policies on many issues could be fixed.

Nicki

[OMGWTFBBQ]

Have you met him(the guy who smokes) yet? Does he have a job that seems adequate to pay the rent and bills? Does he grow or sell on the side? Does he ever accept "deliveries" at home? Is MJ the only illegal drug he uses?

Unless your answers are:
Yes, and he seems trustworthy.
Yes.
He does not.
He does not.
Yes.

I wouldn't even consider it.

[CaptMac]

Your plain old everyday simple posession case in state court can get turned into a federal case if guns are present easy enough. Stay away from that guy unless you like the idea of someone playing that 1960's tune by the Ventures "Wipeout" against the walls of your **** with their penis (to quote a Hells Angel about prison life).

[eflatminor]

I'm going to suggest that you might be fine with the arrangement as long as the lease makes it clear that you're renting a particular room. That room is your apartment from a legal standpoint. A search warrant for the house's owner would not cover your room, effectively another residence (yours). Just keep your guns in your room, preferably in a safe, and you should be fine as long as YOU aren't the subject of a search warrant.

It also depends where you live. In some states, it can be perfectly legal to grow and take in cannabis and own guns...as long as the myriad of paperwork is in place.

By the way, NOT a lawyer here, just my opinion!

[csmkersh]

It's a bad idea all around. While you may not be the guy doing the weed, you will get the ride and the record even if it doesn't go any further. And getting your firearms back will be a big hassle.

[brighamr]

"A bit of firearms opens one up to some unsavory characters" < same type of generalization, with different inanimate object



If your buddy has a medical card, go for it
If he smokes occasionally, and usually has less than 1 ounce at any time, doesn't like to have "parties", go for it

If he has larger quantities, or friends that smoke with him, bad idea. The more attention his house has, the more likely he will get caught. Him getting caught translates into a legal battle for your guns.

But again, if he's medical that changes the story.

IBTL and all that

[PotatoJudge]

"A bit of firearms opens one up to some unsavory characters" < same type of generalization, with different inanimate object

I think the differences here are obvious. For one, I wasn't attributing any consequences to the inanimate object itself. The consequences are man-made on both accounts. Aside from that, to buy drugs you need a drug dealer. Dealers make their living breaking the law (for right or wrong). People that break the law regularly and without remorse are more likely to break other laws. Competition in an illegal profession leaves no room for legal recourse, so there is no deterrent to violence toward the competition except for the violence you'll get in return. This "competition" has far reaching consequences involving even those loosely associated with the profession- including the OP. Fact is, real life drug dealers are likely to get into lots more criminal acts than these pacifist pot-only dealers the pro-pot crowd promote. Change the law and that can change, but it's not reality.

Firearms are legal. Firearm dealers work within the law. Firearms alone in no way promote contact with any criminal element. It does open one up to contact with some weird people though (just went to the HCGA gun show today and saw irrefutable proof of this).

[Erik]

Someone beat me to it.

"Don't go stupid places. Don't hang out with stupid people. Don't do stupid things."

Moving in with a drug using roomate, regardless of your firearms, is at least one, and arguably all three of these things at once.

You have your roomate, his friends, other druggies, and finally the cops to worry about.

And that's without addressing the legalities you're asking about.

[theken206]

"Perhaps if NORML(National Organization to Reform Marijuania Laws) and gun groups would set aside differences and work together to fix this abuse of federal authority, alot of bad policies on many issues could be fixed.

Nicki"

agreed 100 percent nicki

funny how some only seem to support the "pursuit of happiness" as it applies to there own "rights"

[Art Eatman]

This prospective housemate might well be a great and wonderful guy. But even he doesn't know how many of his friends are pure as the driven snow. Sorry, but I've been around the drug folks since the mid-1960s. Some are no problem. Others will steal anything they can get hold of, even with some idea they're gonna get caught.

IOW, IMO, moving in with this guy is a really, really bad idea. His problems can easily become your problems. Might be only until the cops let you go, but who needs the hassle? If he gets into any sort of trouble, and somehow your name is involved with his, you'll always be less-than-righteous in the eyes of the cops. Factual correctness has nothing to do with perceptions...

[coloradokevin]

I think a lot of good points have been made. Obviously pot isn't the worst drug in the world, but it is currently illegal. From a personal perspective, I could care less if the legislature legalized it or not. I've never even tried pot, and never had any desire to (I'm kind of a health nut). But, regardless of anyone's opinion, it is still illegal now.

From my LEO perspective, I can say that I don't think you'd be very likely to run into trouble if he was busted with an ounce or less of weed (a city ticket where I work, which is charged on the state violation).

But, if he is selling, growing, keeping large amounts, etc... you may find yourself in a heap of trouble that you don't want.

Overall, it is a bad arrangement because of that risk, and I'd probably stay clear of it. FWIW, in my area of the country pot isn't taken very seriously these days... It is still illegal, but many times people don't even get arrested (or a summons) for a small amount of weed.

Other parts of the country take it far more seriously.

All of that aside, I wouldn't even consider this arrangement if your friend was into anything more serious!

Sometimes you need to make choices for your own good, and sometimes those choices aren't ideal. I've always been active in mountaineering/climbing (sort of a hippie culture), and as such I've had friends in the past who smoked weed... With my LE career these days, I stay clear of those old friends. The ones I am still in touch with know that they need to do that stuff away from me, and not have it around me (I am not willing to risk my job due to their actions, and the ones I still consider friends respect that).

By the same token, you are a lawful gun owner... Don't put yourself in a bad situation just to save a few bucks on rent!

[sacp81170a]

Guns = portable wealth, something worth stealing. Would you move in with a known criminal (even if he's a "nice" guy) and risk having his friends find out that you have portable wealth lying around? Legal considerations of cannabis aside, remember that there is no honor among thieves.

[moooose102]

yes, they would take your guns, and if there was ANY real quanity (over 1/2 ounce) they would likely try to tie you to it and charge BOTH of you with intent to distrubute! STAY AWAY! i wouldn't even visit him with a gun on you. if the cops came in when you were there, it would still be a legal mess.

[Trebor]

Moving in with someone that you *know* uses an illegal substance is a very, very bad idea. You face all sorts of potential legal problems if he's busted or if a search warrant is issued at your residence.

Don't do it.

[NC Dave]

Since you are asking the question, you already know that there can be negative consequences being associated with this roommate. It does not matter what you or anyone else thinks about pot use - it is illegal.

Why look at jumping through unnecessary hoops on this arrangement?

Why put yourself in that situation?

Look for other living arrangements.

[ZeSpectre]

I'm thinking of all the possible ways in which your life could be screwed up by knowingly going into a housing situation with this person. For example, let's say he decides to stash some weed in your car at some point.

Here you are driving to the range to go shooting. Cop pulls you over for a busted tail light (or whatever). Decides he has probably cause to search your vehicle, and comes up with that stash your roomie hid in your car.

There you are with guns and drugs in your car...how long do you think it's going to take to straighten THAT out? How much money do you think it's going to cost YOU? What is that going to do to your reputation? Your job?

As grandad used to say, "Don't borrow trouble".

[JerryM]

It is a terrible idea. Sometimes one gets killed from shrapnel not meant for him.
In general I think that "Birds of a feather flock together." You will be identified with him and his habits, and it could be very bad in various ways.

Stay away from that, and even that buddy.
I personally know of a young man who was killed because he was around a buddy involved in drugs, and this young man would have nothing to do with them. However, the druggie was "My friend." Now the young man he is dead.

Regards,
Jerry

[ziadel]

Had a friend in the same situation, they had a party, cops called, found a small amount of weed. Cops did'nt bother my buddy or his firearms.


As long as you know hes not dealing and doesnt have more than an ounce on hand, I'd say you're safe, but take my opinion for what its worth.

[Vermonter]

If you toke with him, you'll be violating 18 USC 922(g)

[Prince Yamato]

Option 2 is to call the police and ask the question directly, but phrase it like this:

"I'm a college student (or something like that) and looking at roommates. In one scenario, I might be rooming with someone (don't say friend or buddy) who is rumored to use marijuana from time to time. I've never seen it, but people joke about it. Here's my question: I'm a gun owner. If I room with these guys and one of them gets arrested for possession or police enter the home and find marijuana, could I possibly be arrested and/or lose my guns because of a roommate's irresponsible behavior?"

Ask it like that. Ask the police what they'd do. If they say, "find a different roommate," you have your answer.

[ziadel]

Ask it like that. Ask the police what they'd do. If they say, "find a different roommate," you have your answer.


I've yet to get an answer from the police that I later discovered to be accurate. They have nothing to gain by telling you the truth, it only makes their job harder and besides that most of them don't really know.

[762 shooter]

Look at situation logically.

Possible Downside........financial loss, paranoia, arrest record, gun loss, lose right to possess guns.

Possible Upside............Rent savings for five years equal attorney fees to take case.

[usmarine0352_2005]

If you hang with people who live a criminal lifestyle, don't be surprised if you get caught up in it. I'm not saying that smoking weed is bad, but it is illegal.

Say your friend sells a little extra to a buddy couldn't find his connection. The buddy gets stopped an hour later for a burned out tail light and the officer smells the odor because he was toking up while cruising around, or a K9 hits on the car and it's found in the search.

The buddy meets with the local narc at the pd and finds out he can make it all go away if he rolls over on where he got it. So he rolls over on your room mate. A couple hours later he's telling his story to a judge who signs a warrant. An hour after that the warrant is served. You are going to have a very hard time distancing yourself from your room mate.

You will most likely be arrested and charged along with your room mate, and you'll be out a lot of money to clear your name, if you even can.

If you want to live a safe and relatively trouble free life, don't live a criminal lifestyle or hang with those who do.

Jeff



Jeff is completely right. And in the police's mind, "Guilt by association."


Look at it like this, "Uhm, officer, there my guns, it's I didn't do anything wrong though. I just hung out with a guy that was breaking the law, I wasn't breaking any laws, just him. While I was here with him."

.....see how bad that looks.

The best thing is to stay away from anything like that. It's like drinking, if you know that you whenever you drink, you take it to the extremes and always drink and drive drunk, then you better keep yourself away from the bar. That solves that problem.

[GRIZ22]

Perhaps if NORML(National Organization to Reform Marijuania Laws) and gun groups would set aside differences and work together to fix this abuse of federal authority, alot of bad policies on many issues could be fixed.

Nicki

Whatever you feel about marijuana this would be a bad idea. Linking a legal activity (gun ownership) with an illegal activity (marijuana) would not endear gunowners to the general public.

I'm going to suggest that you might be fine with the arrangement as long as the lease makes it clear that you're renting a particular room.

Not necessarily. If drugs are found in a common use area the judge will decide whether they belong to you, your friend, or both of you.

In any case I would suggest looking for another place to live. The few hundred dollars more you spend a month is cheap rather than take a chance with the situation you described.

[NC Dave]

I've yet to get an answer from the police that I later discovered to be accurate. They have nothing to gain by telling you the truth, it only makes their job harder and besides that most of them don't really know.

I am not knocking LEOs, but this is a question that you need to ask of your local District Attorney's office. It is their job to prosecute such a case in court - not the police.

[Z-Michigan]

FYI - no one should be asking local police or a DA about whether they are OK doing something that seems to put them in contact with criminals or illegal activity. If you really want to do it, you should be finding and asking a competent lawyer who represents you, not the state.

No offense to LEO's but they are not lawyers and their understanding of the law is basically what they can arrest and have you charged for, and how they have to conduct their own operations. Even though many, perhaps most, would try to give you a correct answer, whatever they say does not bind them, their department, or the local prosecutor in any way whatsoever.

As most have said, don't do it. But how strongly you need to avoid it probably depends whether you're ina very pro-marijuana state (OR and WA come to mind) or not (almost anywhere else; and I wouldn't count California simply because, while somewhat friendly to marijuana, is extremely hostile to guns).

[Mall Ninja]

illegal drugs of any kind plus firearm(s) can equal federal mandatory imprisonment.

[conw]

Run.