If I have a friend whose husband is growing marijuana plants in their home, could she be charged also if he’s arrested?

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If I have a friend whose husband is growing marijuana plants in their home, could she be charged also if he’s arrested?

Her husband is growing marijuana plants in their home and is an addicted to several substances. She works for a company that does government subcontract work and she has security clearances to perform her job. If he gets arrested for possession, what are her rights? Will she be arrested too? She is worried that she will lose her clearances and her job. He is mentally and emotionally abusing her but has not physically abused her yet.

Asked on May 7, 2012 under Criminal Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

Whether she can be arrested and whether she can be convicted are two different questions.  She can absolutely be arrested if the cops were to execute a search warrant.

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

The issue is whether or not she has materially participated or conspired with her husband in the manufacture and sell of marijuana. Although she has no legal duty to report her husband, she does place herself at an extreme risk of getting arrested if a police raid or search warrant were executed at the home.


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