UPDATE: Residents in Washington State are grappling with urgent questions about the legality of calling police on neighbors for cannabis smoke. As recreational cannabis has been legal for over a decade, regulations around its use have recently come under scrutiny. What can you do if your neighbor’s smoke drifts into your yard?
Authorities confirm that while you can legally consume cannabis on private property if you are over 21, complaints about secondhand smoke complicate matters. The Washington State Liquor Control Board states, “You can consume cannabis openly in a residence as long as the property owner allows it.” However, landlords can impose restrictions, and if you live in a rental, your landlord might need to step in.
Public consumption is illegal in Washington, meaning you cannot smoke on sidewalks, parks, or trails. For those affected by smoke from neighboring properties, the law presents a challenging environment. If your neighbor is smoking on their property and the smoke wafts into yours, understanding your legal rights is crucial.
Could you call the police? It’s a complicated scenario. If both parties own their homes individually, enforcing restrictions may be challenging. If you find yourself in a dispute, consider reaching out to your neighbor directly to discuss the issue amicably. Many residents in Clark County have successfully navigated such conflicts by communicating openly.
In case this approach fails, mediation options are available. Local dispute resolution centers can help facilitate discussions, and resources from the Tenants Union of Washington State provide guidance for navigating these disputes. If your property is in a non-smoking area but the policy isn’t enforced, you have the option to request a transfer to a smoke-free unit or advocate for a no-smoking policy with your landlord.
If all else fails and the smoke significantly impacts your home, you may need to consider legal action. Proving damages or claiming a “private nuisance” can be difficult but may be necessary if your comfort or health is at stake.
As the debate over cannabis smoke continues, Washington residents must navigate the complexities of personal rights versus neighborly relations. The outcome of such disputes can have lasting impacts on community dynamics and individual well-being.
Stay tuned for further updates as this situation develops, and share your experiences and thoughts with your community!
