Legal Question in Criminal Law in California

I'm a little confused by the facts you have presented. First, you said one your "family roommates", what do you mean? Does your family own the house? Do you own the house? Next, does the roommate who is using the marijuana for medical purposes have a prescription to use the substance or do does she have a growers/sellers and distribution card. If she has a prescription card then as long as she is within her prescription usage and the substance is kept in her room, and not in a part of the house that everyone has access to, you would more than likely be ok. However, did law enforcement agencies have different policies regarding medical marijuana and if you could find yourself proving your innocence. Now, if she has a grower's card for medical marijuana she can grow and sell the product to a medical marijuana dispensary. However, neither a prescription card or a grower's card gives her the ability to sell the product to private users on the street. If she is claiming she has a grower's card and people come to the house to buy the product and she is selling it out of the house, you can bet she is full of it. If she has a grower's card she is well aware of the restrictions she is under and they include the amount of product she is selling. If she has a prescription for marijuana she should not be selling it. Depending on how much she is selling will depend on how much attention she attracts, including law enforcement. I would suggest asking to see her prescription card or her grower's card. I would then suggest asking if she informed the home owner of the situation. She may tell you she does not have to inform the home owner. Her medical issues are a privacy concern and she can keep them to herself. However, if I were the one not knowing what was going on, I would want to make sure I was protected or I would leave the house. If you have a lease with the owner, illegal activity such as selling marijuana would be a justifiable reason to break the lease without facing a penalty.

The information exchanged between the parties has not created an attorney client relationship and there is no attorney client privilege associated with it. The information provided is based upon the general principles of law and is not and should not be considered legal advice. It is impossible to give accurate information in an open forum such as this with the limited amount of facts provided. I suggest you call an attorney in your area and ask for a consultation and review the situation.

Good Luck,

Brian D. McGinity