babies in danger, neighbor selling marijuana (renters, how much, attorney) - San Diego - California (CA) - City-Data Forum

buckwheatmom · 02-21-2011, 07:28 AM

My neighbors growing and selling has begun to put me and my 2 baby girls in danger. I know he has a medicinal license but the amount of plants and the selling cant be legal. That being said the cops are to overworked to do anything since they say "everyone has a medicinal license" so it is hard to prosecute.

I am looking for a different law that might help me. Perhaps child endangerment because of the constant smoke coming into our home (yes its that strong. We even have fans blowing it the other direction.) Maybe child endangerment because of all the dangerous people at his house around the clock purchasing the drugs. Even, something like not being zoned for commerical/retail. Or a health code violation because the house has overgrown plants around it to hide what is going on inside.

I know I am reaching but I need something to protect my family. Any help would be great!
Thanks

doncorleyone · 02-21-2011, 08:54 AM

The power of video camera footage! I say film and track the times that all the shady types are going in and out of the house. And give it to the proper authority

earlyretirement · 02-21-2011, 09:16 AM

I agree. Just prop up a video camera towards his entrance and film the traffic going in and out. It's not illegal to film in public. Then upload the video to YouTube. Maybe people would think twice of going in and buying drugs if they know there is a chance their faces/cars will be online.

Also, if there is that much smoke really coming out affecting you I'd think a video would give a good sense of that. Hard to imagine the police won't do anything if it's as bad as you say. At the very least, I'm sure that the local TV news would find it an interesting story.

I'm not sure what the police can do if he has a license but the power of shame sometimes is stronger than the police.

oddstray · 02-21-2011, 09:26 AM

You might see whether your local council-critter can help. I expect they're looking for appropriate ways to limit medical marijuana clinics so they don't blossom as the top industry here. Your situation sounds to me like limits would be appropriate there.

(Disclaimer: I support marijuana being available to folks for whom it's a help. But every block doesn't need a marijuana farm on it.)

NYSD1995 · 02-21-2011, 09:49 AM

Do you live in the city or county of SD?

You called the police and they said they aren't coming out?

Are they renters or homeowners?

shmoov_groovzsd · 02-21-2011, 10:01 AM

Quote:

Originally Posted by buckwheatmom

My neighbors growing and selling has begun to put me and my 2 baby girls in danger. I know he has a medicinal license but the amount of plants and the selling cant be legal. That being said the cops are to overworked to do anything since they say "everyone has a medicinal license" so it is hard to prosecute.

I am looking for a different law that might help me. Perhaps child endangerment because of the constant smoke coming into our home (yes its that strong. We even have fans blowing it the other direction.) Maybe child endangerment because of all the dangerous people at his house around the clock purchasing the drugs. Even, something like not being zoned for commerical/retail. Or a health code violation because the house has overgrown plants around it to hide what is going on inside.

I know I am reaching but I need something to protect my family. Any help would be great!
Thanks

Geez, thats terrible.

Call the police and ask them for advice in how to effectively address the situation in a way that can make it possible for them to check out. If they dont give you advice, then videotape.
Treat it like a documentary about how your life is being affected. Show the smoke, the foot traffic and the conditions you are living in with these neighbors.
If the cops are not going to take that as any kind of evidence. Get a lawyer.

The best thing you can do if it seems no one wants to help is take it upon yourself and be smart. You cant argue with hard evidence. People will listen.

tickyul · 02-21-2011, 10:25 AM

Does the person who is responsible for this problem seem nonviolent and approachable???

I would try to get a feel for the kind of person this is and consider very respectfull approaching them with your concerns if you feel YOU CAN DO SO SAFELY. Maybe they can make a small change that will help with your problem.

buckwheatmom · 02-21-2011, 12:45 PM

Thanks for the info all.
Yes, he seems non dangerous and we have talked to him about it a ton! Thats why I have tried to turn the other way for so long. But, he is spiraling so it doesnt help to talk to him any more.
This guy is an owner and has owned for 20 years
I am in the city of san diego.
The cops just say that too many people have medical licenses so they dont have the man power to come out to every call like this. They say they will come out to a noise violation, but this guy is not noisy.
I too think Pot should be legal within limits, but this is making my home dangerous.

shmoov_groovzsd · 02-21-2011, 01:37 PM

Quote:

Originally Posted by buckwheatmom

Thanks for the info all.
Yes, he seems non dangerous and we have talked to him about it a ton! Thats why I have tried to turn the other way for so long. But, he is spiraling so it doesnt help to talk to him any more.
This guy is an owner and has owned for 20 years
I am in the city of san diego.
The cops just say that too many people have medical licenses so they dont have the man power to come out to every call like this. They say they will come out to a noise violation, but this guy is not noisy.
I too think Pot should be legal within limits, but this is making my home dangerous.

If the cops are giving you this limited advice, then hiring an attorney to find out the legalities of any act such as your neighbors, is worth investigating.

It is after all your baby's health you are concerned with and playing victim to your neighbors emissions is not fair for you if there is a law that would protect you otherwise.

earlyretirement · 02-21-2011, 03:02 PM

Personally I've never done any drugs in my life (which is a real accomplishment as I was in a fraternity at a big University..lol). I personally don't have any problem with people smoking pot if it's within limits. I'd NEVER want my kids to do it though....

Regardless of how we feel about the legality of pot, I don't think anyone would want to be living next door to someplace like this.

I know there are two sides to every story.... but it would be interesting to see a video of just how much smoke is blowing into your house. I'd think it would be difficult for that much smoke to be blowing into your house but if it's really that bad, one YouTube video would pretty much solve all of this. You can even post how you tried complaining with the police and they did nothing....