By Maryanne Jackson Real Estate Broker CNE, CPRES.
February 28, 2019 (San Diego’s East County)
My husband and I purchased a home last year in East County. My husband is currently Active Duty Military and we used his VA benefits to purchase the home. We have a large area in our fenced in rear yard that has been perfect for growing vegetables.
I have an honorable discharge from the military due to an injury, because of this injury I am subject to constant pain. I have been managing the inflammation and pain flare ups with my medical marijuana license that enables me to purchase the amount of vapor inserts that I need. The cost has become staggering to buy the medical marijuana that I need as it is not covered under my TRI CARE health insurance.
Last spring, I decided to take matters into my own hands and planted several marijuana plants. I have a green thumb to say the least. The plants are getting huge and I am planning on using the dried leaves to offset my cost. Upon my husband’s last visit home from sea he was mowing the grass and noticed the plants. He is concerned that he could get arrested or kicked out of the military for the plants growing on our private property.
Do you know where we stand on this? After all, marijuana has been legalized now in California and I do have a medical marijuana license.
A.J. Lakeside, CA.
I did some research on this question for you. You are correct that marijuana is legal on a state level and even though you have a medical marijuana license and own the land you are using to grow the plants the national law or federal law does not recognize this as legal.
Your husband is employed by the US Government and the federal laws would prevail, and would pertain to him personally.
Military members, active, reserve, and possibly even retired, fall under federal law, and under federal law, marijuana is still illegal, and it is unlawful under the Uniform Code of Military Justice (UCMJ).
Setting up a marijuana business, or merely growing plants for personal use even in a state that permits it, is the fastest way to be court-martialed, receive a bad conduct discharge, and wind up in federal prison.
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