Can I just pretend to not know?

June 6, 2009 4:13 PM

Currently renting a place with a friend. Want to buy a place, and keep living with the same roommate. However, he uses and, apparently, grows pot.

Been living with the guy for a year, and he's a great roommate, a good friend, and we decided we want to keep living together. I decided I'm going to buy a place instead of renting and he agreed to keep being my roommate. Great!

I know that he smokes pot (never inside the house), and has baked brownies on a few occasions (also, never seen a whole batch in the house or anything). A week ago he showed me that he GREW A MARIJUANA PLANT inside his computer case in his room. He brought back seeds from his trip to Amsterdam, and the whole set-up is pretty brilliant, actually, I was very impressed. He's got air filters to get rid of the smell, I've been in his room while the thing was growing and there was no smell or anything, there was no way of knowing that that was going on in his room. Even when he was drying it/curing it/cooking it or whatever the other day (since he's not hiding it from me anymore, he told me when he was doing it) there was no smell.

I don't get high, and don't really care if he does - I know he doesn't do it often, he's responsible with bills and rent. However, I'm not sure how I feel if this will be going on in a house I *own*. I personally have nothing against it, I think it should be legal, but of course there is some hesitation if this will be in *my* house. I know that really, there is no way anyone would ever find out (I was living with him and have been in his room before and I was clueless until he told me!), and I know a ton of people who have pot at home and no one's ever gotten in trouble.

So I guess my question is: How bad is it to keep pretending I know nothing about this and rent out a room to him - Is it a relatively safe risk? Please share stories of how people have gotten caught, because at this moment, I don't see how that's a possibility at all. I mean, if no one can smell it from anywhere, then there is no way anyone will ever come into the house and into his room looking through it for pot, correct? My reasoning is, also, that I could've been clueless about this for another year until he told me and then I wouldn't even have this question, so can I just pretend to keep not knowing?

We are in NJ, if it makes a difference.
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posted by anonymous to law & government (31 comments total)

Assuming he doesn't tell the police it's yours, I doubt anything bad could happen to you. He's a tenant, and he's responsible for what he does in his room.

I'd definitely advise playing dumb or better, not making any statement about it to police if they somehow actually caught him (I find this very unlikely too). 5th amendment and whatnot. It's much easier to prove you're lying about not knowing about it than it is to prove that you knew about it.
posted by floam at 4:21 PM on June 6

I doubt anything bad could happen to you.

Except, like, you getting robbed and not being able to call the cops because there is a growing operation in your house. Or you get burglarized, and your friendly neighbors call the cops because you aren't home, and then you are f-ed because guess who owns the house and the growing operation?
posted by YoBananaBoy at 4:24 PM on June 6 [2 favorites]

You don't want this shit in your house. It is a huge liability as everyone else has (and will) point out. I don't think playing dumb will protect you from anything. It might work if you were running an entire apartment building, but probably not when you're one guy with one house and one tenant.

Some day, something will happen that causes authorities to be within proximity to your home. This guy will screw up, or you will, or dumb luck will cause them to be suspicious. You will be screwed and I can't claim to know what the penalties are, but they probably won't be fun or worth having this guy as a tenant.
posted by TimeDoctor at 4:29 PM on June 6

Except, like, you getting robbed and not being able to call the cops because there is a growing operation in your house. Or you get burglarized, and your friendly neighbors call the cops because you aren't home, and then you are f-ed because guess who owns the house and the growing operation?

Well, if it was me I'd call the police anyways. If they actually somehow found a little plant in the the tenant's computer I guess the tenant would be in trouble. But it's no skin off the posters' back. And the poster could very easily let the police into the house but not let the police into a tenant's room. It's very reasonable to protect somebody's privacy in that manner even if there wasn't any pot.

How do you propose he'd be "f-ed"?
posted by floam at 4:30 PM on June 6

You can't allow this in your house. You are risking arrest and forfeiture.

Yes there is a way someone could find out. He told you that he grew it, didn't he? Did he tell anyone else?

I've learned that criminals (and that is what he is, cultivating is an indictable offense in NJ) have an almost pathological need to tell other people about their malfeasance.

Don't risk it.
posted by leading question at 4:33 PM on June 6

there is a growing operation in your house

Reread the question. Anonymous's roommate grew a single plant inside a computer case. That's a far cry from running a grow house.

I'm not sure if NJ law makes a distinction, but in California, those prescribed medical marijuana are allowed to own several plants for personal use. IANAL, but I'm not sure if one plant can be construed as intent to sell.
posted by HumuloneRanger at 4:35 PM on June 6

Ok let me make this clearer: It doesn't god damn matter how much or what your intentions are with the illegal substances in your home.
The police will find out.
Your life will be fucked, here are some specifics:
posted by TimeDoctor at 4:44 PM on June 6

First of all, a single plant in a computer is going to maybe produce enough to augment his personal stash from time to time. Really, it is not going to produce a lot. If you say he only smokes occasionally that would make sense.

Really the risks are small, and I'd rather have a roommate that's dependable, normal and that I get along with than some guy always bringing over sketchy friends, perpetually 5 days late with the rent or the misc. other things that keep people from being roommate material.

If you're not comfortable with it, just make it clear to him. Getting weed in NJ can't be that hard. I doubt he's pulling more than an ounce a year off a plant inside a computer case, so it is not like he's saving a lot money with this.
posted by geoff. at 4:50 PM on June 6 [1 favorite]

Ok let me make this clearer: It doesn't god damn matter how much or what your intentions are with the illegal substances in your home.

Actually, your intention and the amount you have is what our laws our based on:

"Manufacture or distribution of less than one ounce of marijuana is punishable by up to 18 months in jail and a fine up to $10,000."

First time offender? Plea bargain down to a misdemeanor, small fine and community service. If he ponied up for a really good lawyer I bet he could get it thrown out entirely.
posted by geoff. at 4:54 PM on June 6

I'm 100% pro-pot, but knowingly letting someone illegally grow pot in your house is nuts, even in this case where it sounds pretty amateur. If he gets busted, even in a best-case-scenario, it becomes a GIANT head-ache for you.
posted by glider at 5:03 PM on June 6 [3 favorites]

It's probably more trouble than it's worth, but people throwing around terms like "grow operation" and saying "the police WILL find out" is pretty much alarmist.
posted by proj at 5:10 PM on June 6 [1 favorite]

I don't get high, and don't really care if he does

You said it. It's not a meth lab. And one plant does not make a crop, it sounds like he did this for the engineering challenge more than anything.

So, chillax already
posted by mattoxic at 5:13 PM on June 6

It seems more likely that he would get in trouble in your current living situation (landlord comes for repairs or something) than if you were the owner of the property.

But you said it was just one plant. Do you know he's going to grow more? Have you asked him not to? Why not just . . . do that?
posted by PhoBWanKenobi at 5:14 PM on June 6 [1 favorite]

It's completely a matter of determining the costs and benefits.

There is a nonzero chance that something negative will happen as a result of the pot, right? I don't know what the probability is, though, or what the consequences would be.

But on the other hand, you know for sure you're getting a good tenant who will pay his bills, take good care of the place, etc. And don't forget how nice it is to live with a friend (if it is; it is for me). If you didn't let him live there you'd have to pay more yourself or find someone else who has some associated probability of causing trouble, etc.

So you know the guy better and are in the best place to evaluate the pros and cons. Asking here is a good idea to get a sense of the cons, but don't forget about the pros as well.

Also, what about just asking him not to grow any pot? It sounds like he was doing it for fun and as an engineering challenge of sorts, and wouldn't be too terribly invested in it.
posted by losvedir at 5:21 PM on June 6

I disagree with you guys, geoff, mattoxic et al. I think that the police would call any situation where someone is growing pot a "growing operation" to push the charges. That is just how they do. Near a school or drug-free zone? More charges. Have a fire-arm in the house? More charges. Christ, if they found the plant in the computer, some authorities would probably look for pirated digital media and involve the RIAA and MPAA.

It is a person wanting to growing "A MARIJUANA PLANT" in the OP's house. The roommate didn't tell him about it to begin with, only asked forgiveness instead of permission in their current living situation. What would be the likelihood of that person expanding her/his "single plant for stash augmentation" to something more complicated without telling the OP?

I really don't believe that the possibility of fines, court fees, lawyer fees, time away from work and explaining all of this to your boss/friends/family is worth it.

fwiw, I wish pot was legal or at least decriminalized. But the current War On Drugs + Drug-users == Terrorists mentality here in the US makes me think that the risk/reward is not worth it.
posted by YoBananaBoy at 5:35 PM on June 6 [2 favorites]

As to how someone might find out - consider that he gets a girlfriend (or boyfriend) and let his lover into the secret. The break up and the lover is so angry he/she reports him to the police in revenge.

Seriously, ask him just not to grow or use in the house. If he agrees, and you trust him, them you don't have to make a decision. If he doesn't agree (or you can't trust him) then you are back where you started.
posted by metahawk at 5:38 PM on June 6

Three possible issues that haven't been explored yet:

--In my area, there have been cases where grow houses have been completely confiscated. That might or might not apply to you, I don't know. I do recall one case where the grandson was growing pot, and grandma who owned the house lost her house.

--When I refinanced my mortgage, I had to sign a completely separate piece of paper agreeing not to engage in certain illegal activities in the house, or else the whole mortgage contract would be null and void. As I recall, it was mostly targeted at meth production, which banks understandably don't want to have to clean up after a foreclosure. Similar language could be in your paperwork, could be broader. It's worth keeping in mind.

--Likewise, homeowners insurance policies could have language that nullifies the policy if illegal activity is going on.

I'm neither a lawyer nor from Jersey, so I can't offer those as the final say on these subjects. Take them as points for further research.
posted by gimonca at 5:52 PM on June 6

I would think the increased fire risk would be a greater matter of concern to the homeowner than police intervention.

Of course, if there is a major fire, investigators are going to be curious as to how plant matter ended up in the computer case that seemed to spark the blaze, so to speak.
posted by rigby51 at 6:01 PM on June 6

I'm completely pro-legalization, and not the namby-pamby only pot legalization kind. And I wouldn't allow somebody to grow even a single plant in a place I owned for purely practical reasons. Make some pot brownies? Whatever. Don't ask, don't tell. But grow the plant in my place? No, thanks.

Tell him you don't care if he smokes up but not to grow anything in your place if he wants to live there.
posted by Justinian at 7:14 PM on June 6

You're at increased risk of burglary and home invasion if the wrong people find out about the pot (and they will).
You're at risk of losing your house if he gets arrested for possession with intent to sell (that goes by amount and a plant I think puts him in that category). Think of this: there are thousands upon thousands of women in jail right now because they were dating dealers, and prosecuted as complicit - this can be as little as taking a phone message that ends up being part of a deal. He's in your house - you will almost certainly be considered complicit.
posted by Billegible at 8:39 PM on June 6

Hmm simple math problem here.

Add unnecessary drama and trouble to your life, or not.

Let's think.
posted by TomMelee at 9:00 PM on June 6 [1 favorite]

Do some legal research. Find out what can happen to you if he gets busted. My guess is bad things. Growing a plant is such a different crime than just having weed. It's a big freakin' deal.

Ever heard of civil forfeiture? Look it up. You won't like what you see.

I say make the roommate ditch the plant, or ditch the roommate.

What he's doing is kinda stupid and has very little upside. It's not like he's going to make a whole lot of money growing the plant. He's taking all that legal risk for something that he could easily buy for not all that much money.

He's probably just doing it on a lark, but trust me, legally speaking it's a big deal.
posted by Sloop John B at 11:44 PM on June 6

"Chillax already" is probably the worst advice I have ever seen on AskMe. Your property could be subject to forfeiture if you're anywhere near drugs, with minimums so low (as others have said) that a single plant could qualify, and you could go to jail. The drug laws in America are compeltely broken, and that's bad, but until they're fixed you obviously shouldn't let people grow marijuana inside property you own -- even if it means you're not 100% chillaxed.
posted by gerryblog at 12:16 AM on June 7

I'd let him grow, as long as it stayed in the computer case. But, to be clear, I think that he's got more than one plant.

He bought seeds -- more than one. Usually, people grow more than one plant because you can't tell from the seeds which is male and which is female. Only the females flower, and only the females are smoke-able (well, you could smoke either, but to get high you smoke the females). So, people plant more than one, then throw out the non-flowering, male plants.

I also think the plant(s) will get too big for a computer case, which means that if you say only one plant and only in the case, the problem will resolve itself pretty quickly.

Or so I've heard. Pro-legalization, but not a grower by any means.

Either way, he's probably doing this because the high of getting away with something illegal is almost as enticing as the high from the pot. He probably would rather room with you than grow pot in a computer case.
posted by Houstonian at 4:49 AM on June 7

Note, too, that he could sell his setup. Six hundred dollars (holy cow). That is, if you decide this is a no-go. He won't be out money.

Or, you could argue the cost thing with him. $600 for the setup, plus the (in my opinion, small) risk, is not really a savings. It's money spent for hobby, not for saving money.
posted by Houstonian at 4:55 AM on June 7

I think that the police would call any situation where someone is growing pot a "growing operation" to push the charges. That is just how they do.
This.
If you don't think the cops wouldn't pull this sort of thing, you haven't been paying attention. Secondly, even if they later drop the "growing operation" charge, you can bet it will be done as under-the-radar as possible...as opposed to the initial arrest and charge, which will be splattered all over the local news, along with your face and name (thanks to the PD's public information department) as "Police bust major drug operation in YOUR neighborhood. Are your kids safe?" alarm-mongering. It really doesn't matter if it's one little plant. It's the immediate splash that matters. No news station is going to follow-up on the story. The cops could drop all charges two days later, but the damage will be done.

Many areas also have some seriously messed-up seizure and confiscation laws, wherein the police can take all of your property up-front and sell it off, even if you are found innocent of any charges.
posted by Thorzdad at 7:54 AM on June 7

I'm pretty sure your roommate would choose the convenience of living with you in your house over a couple of tiny pot plants. Just tell him you wouldn't feel comfortable with that stuff growing in your house.
posted by orme at 8:18 AM on June 7

Well, I'd discourage his growing (or even holding) in your house, but only so he could launch his new line of THC-PC growboxes. (Obviously, I wouldn't recommend actually naming them that.)

Your roommate is a genius!
posted by JaredSeth at 8:39 AM on June 7

You're at increased risk of burglary and home invasion if the wrong people find out about the pot (and they will).

No you're not and know they won't. It is one marijuana plant. I'm not saying you necessarily should be ok with it (although I think maybe you should) but let's not be silly.
posted by ludwig_van at 7:15 PM on June 7

Also, pretending you don't know is not the same as actually not knowing about it. I wouldn't allow it.
posted by Pax at 7:56 AM on June 8

As long as you're okay with possibly losing your house and/or going to prison if something goes wrong, sure, let the guy grow pot in your house.
posted by deborah at 11:22 PM on June 8