Can they confiscate my house?

[iriesoljah]

I've done a few small grows at my house, no more than 6 plants at a time. I've heard from people that if you get busted growing that they can potentionally take your house. I know that if you keep it small and following the rules of growing you shouldn't ever get busted, but theres always that possibility. My dad asked me if for some crazy chance cops did bust us would we loose the house and I told him no. But I'm not really sure if thats the truth. This is a house that has no mortgage and has been in my family for thirty years so the possibility that it can be confiscated is a very scary thought! Any help would be greatly appreciated.

 

[movingtocally]

Theoretically, you could, yes. Realistically, you won't, if you truly are keeping your numbers low, and you aren't dealing.

 

[Gm421]

Thats a good question!! I would also like to know the answer!!

Where Im at if your caught growing in a property you own its put on a "grow op registry" possibly cutting your property value in half

It is listed on the title for the property forever

but confiscate that's a totally different story

 

[Cabri]

Depends. Some States have proceeds of crime laws.
My Mom stopped my 4 plant cupboard CFL gro because they can take it they can.

 

[iriesoljah]

Wow... thanks for the quick replies! I've been lurking forever and I'm even more stoked that I started posting knowing that any question I have will be answered so quickly. I really wouldn't care to much if my house got listed as a grow-op and property values got slashed in half because I never plan to sell this place. My kids kids probably will end up growing up here. I'm not to sure though if my state does that though. I know six plants is considered a small amount but I actually plan to switch to ebb n flow soon and that probably will increase my numbers a bit. With clones and everything its so easy to get above twenty five plants! Another question I have is when I checked Norml for plant number laws it had possible punishment for 25-50 plants 50-100 and 100 or more but nothing amount the potential charges for less than 25. I know that you must not get a free pass for less than 25 plants but I wonder why its not listed.

 

[yamaha_1fan]

i am going to say no.

If I understand the law, taking the house is not punitive for the crime. It would be taken if they they thought it was paid for with drug proceeds. If the house is mortgaged with no equity, it wouldnt matter, because the bank has the first lien. If the property is paid for or has lots of equity, and you reasonably proove that it was paid for with legit money, there would be no issue.

But for a small personal grow, I wouldnt even think about it.


If you are REALLY concerned, check NORML for an attorney and they can probably give you a free consultation. Or even if you pay 200-300$ for an hour, that would be worth it to talk to someone who is in the daily grind of it.

 

[AmishFarmer]

I agree with what Yamaha said.If you have a job and can show a way of paying for it other than drug dealing,probaly not,but you never know.Also if your like me,the bank really owns the house anyway.

 

[Ajunta Pall]

It could be a strong possibility for someone in your situation, since your house is paid for. Forfeiture could be possible for someone whose lender is locally based, because sometimes lenders and prosecutors strike up deals where the lender agrees to let the forfeiture happen.

Anyways dude, you were given erroneous info. earlier. Your property has been determined to be not fit for constituonal protection, and thusly sorely lacks the rights afforded to the individual. Meaning that your shit can be taken and put on trial even if NO CHARGES were leveled against you. Your fate is irrelevant to that of your house.

You then would have to hire a lawyer, get a good one since the burden of proof would lie on your head, not the state's or fed's. And prove well beyond a shadow of a doubt that your house is innocent of all charges.

I just gave you the tip of the tip of the iceberg. More exact info is available at the tips of your fingers if you just google it, I'm sure. Probably could see all the forfeiture laws your state uses if you search long enough.

 

[Tony Aroma]

"They" can do whatever they want. Remember, when they seize property it is totally separate from any criminal charges they may or may not file against you. They can take any property they want regardless of whether you are even charged with a crime.

The “trick” is that you are not charged with a crime, your property is. Rather than going through a criminal court, the federal government pursues property forfeiture cases in civil court. The U.S. government sues your property. You’re just an interested third party. And here’s the really tricky part: unlike in a criminal case where you are innocent until proven guilty, your property is guilty until proven innocent. The burden is on you to prove that your property was not involved in a crime, even though in some cases, no human was ever charged with a crime.

That's why we have court cases like U.S. v. A Parcel of Land Known as 4492 South Lavonia Road, or U.S. v. one 1998 Mercedes Benz, or my personal favorite, U.S. v. $2,452.

I'm not saying this would happen, and I don't know the laws where you live, but this kind of shit does happen all the time at the state and federal level.

 

[Mr. Freeman]

I've thought this a couple times. I find the best solution is to not have the house under YOUR name, even though its your house. Then, have the owner make a contract renting it to you.

You see where this is headed? " I just rent here"

Thats a perfect solution. LoL.

Peace

 

[tedlarrrge]

I gotta a buddy got knocked about three months ago.... granted we are in cali, some people still refuse to mind doctor recs and plant counts.... they froze money in the bank, took three flat screens..... and thats it..... left the house to go into forclose or pop again.... be weary, government will do whatever they like!!! All of a sudden plasma screens represent the height of hustle....or atleast on a pigs salery it seems!!! good luck!!!

 

[Pythagllio]

Get a mortgage.

 

[RockyMountainHi]

Where you live is a very important detail.

Where I am - 6 plants and a medical mJ scrip - they can't touch nuthin. I can fire a spliff and them them to get off the property.

If your in one of those other states - they can give you a very bad day.
Not that they would for a 6 plant grow - butt they can, they have, and most probably will again.

 

[Pythagllio]

You better believe the Feds can still steal your house, 215 compliant or not.

 

[iriesoljah]

Thanks for all the responses! I'm in Hawaii if that makes a difference. I think that my dad can qualify for a MMJ card but still contemplating if we want to go the route. I don't know if I want him to be in a database and our house on record as the place that we are growing. Isn't it a shame that even though we can be legal on the state level the feds can still do whatever they like an come in and ruin someone's life!

 

[DiscoBiscuit]

I work with a dude that did eight and a half of a ten year sentence for growing. Both houses and his property were seized for trucking loads of pot from Texas. The ten year sentence was for growing. No criminal charges were filed for the trafficing, just used to seize assets.

Apparently the cops had followed him for months, long enough for him to cross the line and justify total forfeiture of assets. Then these bastards tried to cut him a deal to stay outta the joint. If he agreed to continue trucking pot to the area, he could remain free. He would have to keep a record of who purchased how much. When these folks crossed the line, leo could do the same thing to them! They even told him he'd be dealing with their guys in Kentucky instead of his original connection in Houston! He's a pretty mean boy and I'm sure his associates were. Flippin on em would have bought him a contract. He refused the offer and paid the price with a longer than usual prison term.

Depending on the state, it isn't necessarily what you get popped with. Some charges go after the estimated amount of time the crime has occurred. More crime, more seizure. It's that simple.

 

[kiree]

I didnt read all the posts, but WTF ?! In the US the cops can confiscate your house ?! What kind of country do you live in ?! Where I live ( European Union ) you cant lose your house for a felony/misdemeanor....If you are the owner, you are the owner, period. I mean...you buy the house and they take it from you ? Here you can lose your hose only the if you take a loan or mortgage to buy it and dont return the money, but this is pretty normal, but the bank takes your house. Noone can take it if you are a criminal. you go to jail for this, but the house is still yours.

 

[79towncar]

The key with grow houses is never pay them off.. The police won't seize a heavily mortgaged property.. Also like Yamaha said if there's no equity in the house then they won't seize it. If you only have a few plants then you won't get your placed seized. Only on a big bust, or if they can prove you paid for the house with drug money will they seize it..

 

[Tony Aroma]

I didnt read all the posts, but WTF ?! In the US the cops can confiscate your house ?! What kind of country do you live in ?!

Good question. I'll assume it's rhetorical.

Not only that, but it is illegal to travel with cash in the good ol' U.S. of A. If you get caught at the airport or in a traffic stop with even a few thousand dollars, they can and will take it. They don't even need to find any evidence of drugs or any other crime. It happens all the time here. Many people have lost their life savings just because they were foolish enough to travel with a large amount of cash on them. With no money left, they cannot afford the protracted legal battle required to get their money back.

What kind of country do we live in? A very scary one.

 

[JJScorpio]

If you can't prove that the home was being purchased with legal money they will file forfeiture papers.

If your house payments are 800 a month and you've had no income for quite a while and they find a good sized grow it's going to be assumed you are making the payments by selling herb....

On the other hand, if you have a job and get caught with 6 plants then it will be looked at as personal use....