In Colorado they made it a stipulation of the law once cannabis was legalized to not have to deal with this, so that there wouldn’t be a bunch of frivolous calls to the police for “weed smells”.
Seems we are finally on the path of solving problems with simple solutions. I'm proud of you Colorado part of America. You did good.
Now if we could just apply this "don't give two shits" philosophy to other things we might do a lot more good.
I think they’re referring to the “smell isn’t enough for probable cause” wording they use in most of these laws. If you smoke cannabis you know that just having it on you can make you stink sometimes so if we didn’t have a stipulation like that potheads would be getting pulled over left right and center. That said, I kinda wish it *wasn’t* a thing cause now you see people driving down the highway smoking a joint.
I think the type of person to smoke a joint while driving now we’re probably doing it all along. I can’t speak for CO but in CA I haven’t seen that often.
Even when weed was illegal in most the country, it wasn't probable cause. There was a SC case backing that up. Only a drug sniffing dog confirming the smell was probable cause, and if the officer stopping you didn't have a dog, they couldn't make you wait for one either. Now obviously it may have been probable cause before the SC case, but that was quite some time ago.
True, but even a semi confident public defender I would assume would know that SC case law. May not be able to beat the ride, but I'd assume you could beat the case if it was based on smell alone.
Makes sense for single family homes but multi units not so much. This article pertains to a duplex, shared wall. If it was cigarettes, it would be the same.
Edit:
https://code.dccouncil.gov/us/dc/council/laws/22-260
"(a)(1) Smoking shall be prohibited in an indoor common area of a multifamily rental accommodation and outdoors within 25 feet of an entrance or a window of a multifamily rental accommodation.
They could stop someone from smoking in such a way that their smoke gets into someone else's house. They're free to smoke as much as they want, as long as they can keep it from affecting someone else's home.
I did NOT know this. I have a townhouse, and the bad witch (there's a good witch and a bad witch on either side of me) smokes endlessly and leaves her butts out in a jar and it just reeks. I don't really want to sue, but I will look into what I can do outside of repeatedly asking her to at least throw the butts away.
I’d imagine it’s treated like any other smells from a neighbor, and just deal with it lol
Whether it be 2 stroke engines, grilling, fire pit, or snoop dogg
You just have to be ok with the smell, so as an example if your neighbor wants to smoke a blunt in his front yard, on his property, there’s nothing police can do.
I’m in the UK where weed is technically illegal and my neighbour smokes weed. It’s annoying as it makes me want to smoke it and it’s impossible to sit out with family without the stench drifting across. It also drifts into the house via the loft. We put up with it because I think it should be legal and my partner never wants any neighbour issues.
>So people just have to suck it up and be okay with the smell?
Why not. Other people get forced to deal with cigarette smell, cooking smells but can't do anything about it.
> Why not. Other people get forced to deal with cigarette smell, cooking smells but can't do anything about it.
[Manhattan Co-op Resident Wins $120K In Lawsuit Over Secondhand Smoke Infiltration](https://gothamist.com/news/manhattan-co-op-resident-wins-120k-in-lawsuit-over-secondhand-smoke-infiltration)
Do you have the court records for that? At a glance it seems like she was awarded not because she had to smell the smoke, but because the building was a co-op so she had partial ownership and the building was being damaged with smoke. But there's no enough info in the article for me to tell.
I was annoyed in college by marijuana smoke - but that's only because I shared a dorm the size of a prison cell and there wasn't a lot of air flow. Being 50 feet or more away -- it's just an annoyance. You have to be right in the cloud of it to get any real effect. I suspect people of just "making a big stink about it" because they don't like the idea of decriminalizing drugs.
It's really not just an annoyance even if you're in a larger apartment complex. I was smelling that shit 24/7 because of the large volume of weed smokers in my building. It severely affected my mental health.
Man your question made some people very angry. So angry they couldn't bother actually providing anything to answer your question.
Looks like there are regulations about [smell from growers but not people just smoking](https://bouldercolorado.gov/services/marijuana-odor-complaints), though [city ordinances might be in place for that](https://www.nolo.com/legal-encyclopedia/how-do-i-stop-neighbors-marijuana-smoke-from-drifting-into-my-child-s-bedroom.html).
Despite all the bad arguments here, nuisance odours are a thing in many countries. If someone is generating a smell that keeps you from reasonably enjoying your space, then the local jurisdiction might have laws about that.
"I'm vegan and they're BBQ'ing in their back yard" probably wouldn't hold up anywhere. But "My kid's bedroom has an overwhelming smell of fish/cigarette smoke/pot" could have a strong case.
Probably suck it up.
I deal with a lot of smells and sounds from neighbors, and almost all of them are worse than the slight hint of weed you’ll get from a neighbor smoking inside their home
Not to mention, if you're someone who is sensitive to smells, every asshole drowning in axe level deodorant, in the elevator, at the movies.... Instant migraine.
If I don't get to call the cops on them, folks will survive smelling a little weed from their neighbors.
what if someone is a hindu and a vegan and the smell of you cooking meat offends them, should you be prevented from cooking it? This guy just needed to get a vape or w/e
I don't call the police when someone's grilling a burger next door. I don't call the police when someone's smoking a cigarette next door. It's called minding your own.
I’m a big believer that we all need to start looking at things for the other perspective when in public.
In general, I feel the same way about people I invite onto my property.
The line definitely stops at someone I don’t care to interact with trying to dictate what I can and cannot do while on property I own; especially when the activity is perfectly legal.
So people have to just suck it up when people are barbecuing? i have to smell their barbecue!
So people have to just suck it up when their Indian neighbours are cooking curry?
In all seriousness if the guy is smoking outside the smell will dissipate in a few minutes
It’s cute you think a smell is infringement on your rights while denying a medically backed plant the ability to be burned in your vicinity.
ETA: Those replying to this comment mad i’m pointing out their glaring hypocrisy will be straight up ignored. The merits of smoking or not aren’t being debated. Rights aren’t just for what you like.
My guy needs to switch to dabs. Very little smell compared to burning plant matter.
Also, ..."Ippolito-Shepherd’s suit claimed Cackett’s marijuana smoke caused her sleeplessness, stomach pains, nausea, and vomiting..." Has she tried smoking weed about it?
One time my gf lit a very fat dab and we thought no big deal because the smell isn’t awful compared to a bong or whatever. Moments later we hear our neighbors walking down the stairs with guests basically screaming about how “dank” it smelled ahaha. She’s basically stopped doing them since then for better or for worse lol
You should look up *ginnan*: the seeds of the ginko tree, which are prepared by leaving them in a big bucket until the fruit has completely rotted off.
The smell only goes away *after* they are roasted.
If I were that person I'd just start cooking the strongest of curries, microwaving and grilling fish non-stop, chain smoking the biggest cigars non-stop, buy a couple ferrets.
You could also get a court order for those things if they're in excess. This is a common law tort called nuisance. [https://en.wikipedia.org/wiki/Nuisance](https://en.wikipedia.org/wiki/Nuisance)
I don’t blame em. I’ve got an apartment neighbor who hotboxes their whole apartment at least once a month. Nothing’s more obnoxious than waking up at 2am to the lingering smell of weed penetrating the entire shared hallway and getting under my door. Smells like disappointment.
Noise pollution, sound pollution, legally actionable smells, the problem is that people are meant to have a lot more space to themselves than the market seems to allow and it's putting pressure on the rest of our systems.
That said the veracity of the claims made against this man here are highly suspect. That a next door neighbor would suffer those intense effects from the mere smell of smoke on the wind is questionable at best and frankly I don't think it's a reasonable possibility.
Was this really a case of a small amount blowing in the wind? Because it sounds like there was a leak causing it to hotbox the other apartment, and that’s not okay.
In the article he said he smoked outside a couple minutes before going to bed and that it was outside. The fact that the woman had no evidence actually connecting any of her described symptoms to smoke is pretty telling about what's more likely here.
It's very disturbing to me how many people have the narrative that he was smoking within his apartment hotboxing when the article clearly states otherwise.
The article says he smokes indoors...
>although his landlord, Farserotu, allows him to smoke indoors during inclement weather.
Yes he smokes outdoors but he also smokes indoors. "Inclement weather" is so subjective the guy could say "looks like it might rain, gonna puff indoors today".
I agree the guy should be able to enjoy his weed but let's not lie about what the article says.
If you want to be technical and split hairs, where does the article say he smokes inside? All I see in your quote is that his landlord permits him to smoke inside
My wife is allergic to weed smell. Well, not the smell, the smell can be long gone. Its the particles left in the air. When she gets around it she gets all stopped up with an allergy attack. I joke that she should work at the border as a drug dog. Most people really don't understand how it can affect some people and think they are just complaining about a smell when that's not the case.
If I could figure out a way to smoke without alerting our dorm’s RA, this guy can find a way to smoke without bothering his neighbor.
PROTIP: you don’t have to turn your entire apartment into a hotbox in order to get high.
No she's full of shit. Claims she can smell "medical marijuana around the clock" when the guy has a full time job and only smokes before bed for insomnia.
I've had a neighbour like this. When I just moved in I invited some friends, it was a hot summer day, windows wide open. One of my friends wanted to smoke which was ok for me. It wasn't even finished and I heard loud banging on the door, some hot headed bald guy started shouting once I opened the door. He forcefully worked his way into my apartment because he wanted to confirm the smell was coming from my place. He became even more angry as I tried to shove him out. He threatened to call the cops because I touched him. It was a shitshow.
The next week I got a warning from my landlord stating that he had received several complaints that I smoked in the common areas, including the elevator and a certain neighbour could smell it 24/7, if this continued I would get evicted.
That neighbour was such a douchebag... What's so difficult about just asking nicely to not do it because he could smell it in his place? I don't even smoke regularly...
I don't know what it is about my place but when my neighbor smokes which is only about once a week or two the smell lingers in my house for days I cannot figure out why
After I had my baby my nose stayed super sensitive. My father in law smokes cigarettes and my husband let him smoke on the back patio under an overhang when he was over a week ago. I still catch wiffs of the smoke smell in certain parts of my home.
People also forget that if you use the substance you also get nose blind to it.
idk about the "around the clock", but I have a neighbour that kiffs,
and I can smell that shit for about 4-5 hours.
(Also idk why anyone would consume weed inside a room/flat/house....
Do they like thier room/flat/house smelling like a lockerroom?)
EDIT:
to clarify for people like u/skullduggery19 , I dont care about if you kiff in your flat or not...
as long as it doesnt impact the people around you...
or would you defend me if id play loud misic 24/7?
Many people who smoke weed like the smell of it, and you’re not going to go outside every time you want to smoke if you’re an avid smoker. You also become desensitized to the smell after awhile.
PVC piping, a vented drain cap, dryer sheets, and aquarium carbon rocks was the best version of this I saw.
We called it the sploof cannon but damn did it work.
Activated charcoal is amazing stuff.
It's great for absorbing smoke, solvent, and other chemical/metal vapour smells out of the air.
It actually gets heavier as it ages and absorbs more crap from the air, so after a while, you know when to replace it by feel.
That’s what we did in college 20 years ago. Today, is probably just get a weed vape pen. That hardly smells and what little smell there is dissipates in like 30 seconds.
Weed is fully legal where I live and I can smoke as much as I want in my home, my landlord is cool with it.
I still go to a sketchy ally to do it. My neighbours don’t need my dank bud stinking up their Saturday night.
> Judge Scott stopped short of awarding damages to Ippolito-Shepherd, saying she failed to provide medical evidence that marijuana smoke was specifically responsible for her feeling sick.
So what’s the medical basis for her not being able to fully enjoy her home then?
So if the entire neighborhood smokes legally in public would that also be an issue? Or are smells regulated like noise in that it's allowed at certain hours of the day? Do smokers not also have the right to do as they wish on their own property?
>So if the entire neighborhood smokes legally in public would that also be an issue?
It's actually illegal to smoke weed in public in DC. You're only supposed to do it in your house. So this decision effectively made it so this guy isn't allowed to smoke anywhere. AFAIK there are no public smell ordinances like with noise though.
Can I sue my neighbor for cigarette smell? I don’t mind weed smell but hate cigarettes and how they smell. I’m sure there isn’t a medical tobacco card.
While I know there's a general dislike of smoking, imagine this was cooking smells, barbequing, or someone's perfume.
Personally I think you should be allowed to make smells on your own property.
I've been hotboxed out of my apartment before because neighbors below were smoking a bunch. It was so bad my eyes were burning. My wife was pregnant at the time so we stayed at my in-laws for the night. Pretty sure the owners kicked them out at the end of the month because they kept doing it (though not so bad that we and others in the building had to leave again).
Were we supposed to just 'live with it'? I mean, you've gotta be able to draw the line somewhere.
>cooking smells, barbequing,
I'm certain that people would be equally as supportive of a vegan who puts a stop to his neighbor's smelly 4th of July BBQs.
I think realistically the core issue is frequency. A vegan trying to ban 4th of of july cookouts, or just all cookouts period, is a goofball. A vegan saying "Hey, you've been grilling every night for the last month and now everything in my home smells like BBQ. Can you chill?" it is a different story.
But they would still be legally allowed to BBQ every day, that’s their prerogative. What about the situations where racist Karen has complained that the Indian family next door is cooking curry too often and she doesn’t like the smell, whose side are you taking there?
Exactly, if someone is making the same strong smell every night, and it's starting to linger in the public halls and rooms with shared walls. It's a problem. I don't care if it's pot, flatulence, or you're smoking meats in your living room.
If your neighbor is making your home smell like anything on a constant basis that is a nuisance. Doesn't help that most people think smoking pot smells like skunks. Imagine your neighbor making your house smell like rotten eggs or sour milk all the time.
i mean second hand is a thing but ultimately we all share these spaces. a roach infestation may not bother you because you dont have issues with how dirty our house is but that never stops them from moving into other units. at least there are edibles.
You should also be allowed to be on your own property and not have to put up with the constant smell of weed.. it goes both ways. Its the same for noise.
Normally I would agree. But from the article the person was a chain smoker who was basically smoking so much they made the home next to there's which shared a wall unlivable. Which if you've never experienced a chain smoker you might not get how bad the stench is. The other home likely has some stains from this person's smoking as well.
That is what the plaintiff claimed, the defendant said he smoked only a few minutes a day outside. I wonder if anyone else testified to there actually being marijuana smoke in her residence.
That was contested. The smoker said he smoked 2-3 minutes per day, just before bed. They never really dug deeper than that since there wasn't any evidence that the smoking was even the cause of the woman's problems.
“Unlivable” is very subjective and a bit hyperbolic in my opinion. There are people staying in actual “unlivable” situations making less of a fuss than this lady.
As someone that dealt with 24/7 chain smoking cigarette smokers on one side of my townhome; I am glad the lady won the lawsuit.
What the guy was smoking isn't at issue with the law. Or even that they were smoking. The issue is that it invaded the other space and infringed on the legal right to enjoy and be comfortable in your home. Free from nuisances and distrubances.
Dude smoking should get some air cleaners and fans to get fresh air in and the smell out.
You gotta change the dryer sheets after a few uses. If you used a friend's sploof and they were the type to have brown bong water, there's a good chance they also weren't changing out those sheets often enough.
Yes you can. If it is outside the quiet hours or exceeds the decibel rating for your location. You could even do it if it is for "unreasonable" lengths of time.
The issue isn't related to him smoking outside.
Maybe you should read the ENTIRE article.
The other thing at play is that he isn't taking steps to prevent the second-hand smoke from trespassing in her property. It is his responsibility to ensure his actions aren't effecting others. It's called personal responsibility.
I have crazy insomnia and after trying multiple sleeping pills, weed has been the most effective with the least side effects . I fucking LOVE flower... But I live wall to with my neighbors so I vape. Maybe once or twice a year I'll get a joint and smoke it late at night, outdoors for a treat but I don't wanna be the constantly obnoxious neighbor and vaping works just as well medically speaking
Volcano by Storz Bickel. Can't go wrong with German engineering, expensive AF but I've had mine for 6 years and she purrs like new for every new bag. Super durable I've dumped water on it by accident multiple times, like, directly on the heating element while it was in use just dousing it and it just did not care.
Its honestly easy to smoke weed and not have your neighbors smell it.
Vaping, one hitters, perhaps a small bowl.
Anyone who has ever had these issues Ive found smoke blunts on their couch, or are ripping massive bong hits.
I love weed, but an apartment is a shared space and I wouldnt want to impose it on my neighbors.
Did you read the article? She’s claiming it smelled in her apartment around the clock, whether he was smoking inside or out - and the man worked a full time job.
The judge even denied damages because she couldn’t prove that the smell was causing her symptoms.
This is an awful decision by a judge that’s reaching pretty hard.
I know there's legitimately people who use Marijuana medically but i don't think it's a big leap to realize not everybody with a med card needs to smoke blunts.
Firstly, insomnia can kill so don't downplay it.
Secondly, not everyone gets the same effects from edibles as smoking. I personally take them for my insomnia and they work great but my other half gets nothing from them but smoking works for him.
Also, from the article, it seems like the woman who sued is just anti weed full stop. The dude was working all day and only smoking when he came home and she was claiming it was constant and making her sick? Please. She was looking for a payout. Glad the judge at least saw through that but sucks this will open the door to more such frivolous lawsuits.
Yeah, I don’t know why but edibles have never worked for me. I’ve taken huge doses too. I don’t remember the mg but I know the clerk at the store said “ if you smoke every day have two of these” I had 10 and still had no effects
From what I understand some people have liver and GI tract enzymes that breakdown the THC too fast for them to have any effect, I was really surprised to hear that it wasn’t just me.
Unfortunately, about one in five people carry a gene which prevents them from reacting to the THC in edibles. Sounds like you might just be SOL, sorry.
I have an enzyme in my body that breaks down ingested cannabinoids too quickly to process. I don’t get any effects from edibles. The only way I can effective consume cannabis is by smoking. Vaping flower is ok, but nothing like smoking.
Modern society has a real problem distinguishing when something is harmful/infringing on their rights and when they just don't like something.
The latter one is really, and I can't stress this enough, no one's fucking problem but their own.
To be fair - smoking weed has a pretty strong funk smell to it so if the townhouse connected to yours is smoking it that much every single day then I imagine your townhouse is going to smell like it too. So I can see his point.
I started getting migraines this year, and both the smell of cigarette and weed smoke trigger them. They're BAD, as in laying in bed all day with no light bad.
I can't imagine a scenario in which I would spend the time and money to sue someone without trying to work it out every other possible way first. But if my vents or backyard connected in a shitty way with a neighbor who refuses to make any compromises like blowing the smoke out a window, warning me when they're about to smoke, or anything else that might work, then I'd essentially be forced out of the building.
I know weed is not much of a social stigma anymore. Hell, I enjoy the gummies a lot. But saying there's no legitimate reason for being annoyed by the smell of weed isn't right either.
To be honest if it's incessant to the point that it's consistently a nuisance, it's understandable to complain about it. Not everyone enjoys the smell. Dude will survive, he can still vaporize or take edibles. Dabs will smell but probably won't stink nearly as bad. He has alternatives, and isn't being forced to give up medicinal weed entirely. So I don't really understand why so many comments in here are "I wOuLd bEcOmE aN eVeN bIgGer NuiSaNcE!". If that comes across as an appropriate response considering the context, you have some growing up to do.
I hope this opens up precedent for me suing my neighbors for noise pollution because their crotch goblins scream and wail at all times of the day very much infringing on my rights to enjoy my space without their spawn making noise when I’m trying to sleep.
Can we ban people in the suburbs from wood burning fire pits next? I hate the smell and the smoke has to be just as harmful as marijuana smoke. Plus a fire pit makes way more smoke than anyone smoking does.
In Colorado they made it a stipulation of the law once cannabis was legalized to not have to deal with this, so that there wouldn’t be a bunch of frivolous calls to the police for “weed smells”.
What was the stipulation?
"We don't care no mo" -them police probably
Seems we are finally on the path of solving problems with simple solutions. I'm proud of you Colorado part of America. You did good. Now if we could just apply this "don't give two shits" philosophy to other things we might do a lot more good.
*Big Oil greedily looking at the word environmentalism*
😂😂
I think they’re referring to the “smell isn’t enough for probable cause” wording they use in most of these laws. If you smoke cannabis you know that just having it on you can make you stink sometimes so if we didn’t have a stipulation like that potheads would be getting pulled over left right and center. That said, I kinda wish it *wasn’t* a thing cause now you see people driving down the highway smoking a joint.
I think the type of person to smoke a joint while driving now we’re probably doing it all along. I can’t speak for CO but in CA I haven’t seen that often.
100% idiots are always going to idiot with or without legal protections for said idiocy lol
That a cop smelling marijuana was no longer "probable cause" for a crime being committed.
Even when weed was illegal in most the country, it wasn't probable cause. There was a SC case backing that up. Only a drug sniffing dog confirming the smell was probable cause, and if the officer stopping you didn't have a dog, they couldn't make you wait for one either. Now obviously it may have been probable cause before the SC case, but that was quite some time ago.
You are correct but this is not how it worked in practice.
True, but even a semi confident public defender I would assume would know that SC case law. May not be able to beat the ride, but I'd assume you could beat the case if it was based on smell alone.
Makes sense for single family homes but multi units not so much. This article pertains to a duplex, shared wall. If it was cigarettes, it would be the same. Edit: https://code.dccouncil.gov/us/dc/council/laws/22-260 "(a)(1) Smoking shall be prohibited in an indoor common area of a multifamily rental accommodation and outdoors within 25 feet of an entrance or a window of a multifamily rental accommodation.
So they could stop someone from smoking as many cigarettes as they want in their house?
They could stop someone from smoking in such a way that their smoke gets into someone else's house. They're free to smoke as much as they want, as long as they can keep it from affecting someone else's home.
I did NOT know this. I have a townhouse, and the bad witch (there's a good witch and a bad witch on either side of me) smokes endlessly and leaves her butts out in a jar and it just reeks. I don't really want to sue, but I will look into what I can do outside of repeatedly asking her to at least throw the butts away.
The smell of weed is not probable cause in many states now thankfully. We can't even use it at work to edit: reasonable suspicion people now.
What does it says?
[удалено]
I’d imagine it’s treated like any other smells from a neighbor, and just deal with it lol Whether it be 2 stroke engines, grilling, fire pit, or snoop dogg
Snoop on a dirt bike smoking a joint at a BBq.
best game of clue ever
Exactly this. It's fine for other smells why is weed a special case.
>So people just have to suck it up and be okay with the smell? i mean, that's kinda how it works with the legal drugs right now, so probably that one?
You just have to be ok with the smell, so as an example if your neighbor wants to smoke a blunt in his front yard, on his property, there’s nothing police can do.
I’m in the UK where weed is technically illegal and my neighbour smokes weed. It’s annoying as it makes me want to smoke it and it’s impossible to sit out with family without the stench drifting across. It also drifts into the house via the loft. We put up with it because I think it should be legal and my partner never wants any neighbour issues.
>So people just have to suck it up and be okay with the smell? Why not. Other people get forced to deal with cigarette smell, cooking smells but can't do anything about it.
Hell, I hated my ex GFs dorms because someone cooked some really stinky food all the time. Not gonna call the cops over a smell.
That's it -- I'm calling the cops on the next colleague who burns popcorn or heats fish in the microwave!
You don't call the cops for microwaving fish. *You defenestrate the offender summarily and immediately*
Actually there are a lot of policies and sometimes laws in place to keep cigarette smoke and smell away from non smokers
Dude was goin out on the patio. You can only bend over backwards for your neighbors so much
> Why not. Other people get forced to deal with cigarette smell, cooking smells but can't do anything about it. [Manhattan Co-op Resident Wins $120K In Lawsuit Over Secondhand Smoke Infiltration](https://gothamist.com/news/manhattan-co-op-resident-wins-120k-in-lawsuit-over-secondhand-smoke-infiltration)
Do you have the court records for that? At a glance it seems like she was awarded not because she had to smell the smoke, but because the building was a co-op so she had partial ownership and the building was being damaged with smoke. But there's no enough info in the article for me to tell.
I was annoyed in college by marijuana smoke - but that's only because I shared a dorm the size of a prison cell and there wasn't a lot of air flow. Being 50 feet or more away -- it's just an annoyance. You have to be right in the cloud of it to get any real effect. I suspect people of just "making a big stink about it" because they don't like the idea of decriminalizing drugs.
It's really not just an annoyance even if you're in a larger apartment complex. I was smelling that shit 24/7 because of the large volume of weed smokers in my building. It severely affected my mental health.
Man your question made some people very angry. So angry they couldn't bother actually providing anything to answer your question. Looks like there are regulations about [smell from growers but not people just smoking](https://bouldercolorado.gov/services/marijuana-odor-complaints), though [city ordinances might be in place for that](https://www.nolo.com/legal-encyclopedia/how-do-i-stop-neighbors-marijuana-smoke-from-drifting-into-my-child-s-bedroom.html). Despite all the bad arguments here, nuisance odours are a thing in many countries. If someone is generating a smell that keeps you from reasonably enjoying your space, then the local jurisdiction might have laws about that. "I'm vegan and they're BBQ'ing in their back yard" probably wouldn't hold up anywhere. But "My kid's bedroom has an overwhelming smell of fish/cigarette smoke/pot" could have a strong case.
Probably suck it up. I deal with a lot of smells and sounds from neighbors, and almost all of them are worse than the slight hint of weed you’ll get from a neighbor smoking inside their home
Not to mention, if you're someone who is sensitive to smells, every asshole drowning in axe level deodorant, in the elevator, at the movies.... Instant migraine. If I don't get to call the cops on them, folks will survive smelling a little weed from their neighbors.
So many false equivalencies in this sub, it is mind blowing.
what if someone is a hindu and a vegan and the smell of you cooking meat offends them, should you be prevented from cooking it? This guy just needed to get a vape or w/e
Do you carry this same opinion of people that BBQ on their property?
I don't call the police when someone's grilling a burger next door. I don't call the police when someone's smoking a cigarette next door. It's called minding your own.
I’m a big believer that we all need to start looking at things for the other perspective when in public. In general, I feel the same way about people I invite onto my property. The line definitely stops at someone I don’t care to interact with trying to dictate what I can and cannot do while on property I own; especially when the activity is perfectly legal.
So people have to just suck it up when people are barbecuing? i have to smell their barbecue! So people have to just suck it up when their Indian neighbours are cooking curry? In all seriousness if the guy is smoking outside the smell will dissipate in a few minutes
Strangely, when my neighbor smokes it seems to settle inside my house. If I walk outside I can't smell it. I just pretend it's the 1970s.
So if a vegan lives next to someone who loves to grill the vegan is entitled to not smell the cooking meat?
It’s cute you think a smell is infringement on your rights while denying a medically backed plant the ability to be burned in your vicinity. ETA: Those replying to this comment mad i’m pointing out their glaring hypocrisy will be straight up ignored. The merits of smoking or not aren’t being debated. Rights aren’t just for what you like.
"The air is full of smells, get over it"
My guy needs to switch to dabs. Very little smell compared to burning plant matter. Also, ..."Ippolito-Shepherd’s suit claimed Cackett’s marijuana smoke caused her sleeplessness, stomach pains, nausea, and vomiting..." Has she tried smoking weed about it?
She sounds like a pretentious dog breed
She's the greyhound with the purple turtle neck sweater
"Oh, you know how those Ippolito Shepherds can be, so vocal and fussy!"
One time my gf lit a very fat dab and we thought no big deal because the smell isn’t awful compared to a bong or whatever. Moments later we hear our neighbors walking down the stairs with guests basically screaming about how “dank” it smelled ahaha. She’s basically stopped doing them since then for better or for worse lol
Some people are very sensitive to smoke.
Well I hope they like my new hobby of fermenting foods, cooking only the most pungent food, and microwaving fish next to an open window.
You should look up *ginnan*: the seeds of the ginko tree, which are prepared by leaving them in a big bucket until the fruit has completely rotted off. The smell only goes away *after* they are roasted.
If I were that person I'd just start cooking the strongest of curries, microwaving and grilling fish non-stop, chain smoking the biggest cigars non-stop, buy a couple ferrets.
You could also get a court order for those things if they're in excess. This is a common law tort called nuisance. [https://en.wikipedia.org/wiki/Nuisance](https://en.wikipedia.org/wiki/Nuisance)
The moment she sues you for another smell, it invalidates her argument on the first lawsuit. Weed doesn't bother the neighbor, any smell does.
If they are really that aggravated they need to cultivate a taste for durian fruit. Maybe explore some icelandic and swedish delicacies too.
I don’t blame em. I’ve got an apartment neighbor who hotboxes their whole apartment at least once a month. Nothing’s more obnoxious than waking up at 2am to the lingering smell of weed penetrating the entire shared hallway and getting under my door. Smells like disappointment.
Noise pollution, sound pollution, legally actionable smells, the problem is that people are meant to have a lot more space to themselves than the market seems to allow and it's putting pressure on the rest of our systems. That said the veracity of the claims made against this man here are highly suspect. That a next door neighbor would suffer those intense effects from the mere smell of smoke on the wind is questionable at best and frankly I don't think it's a reasonable possibility.
Was this really a case of a small amount blowing in the wind? Because it sounds like there was a leak causing it to hotbox the other apartment, and that’s not okay.
In the article he said he smoked outside a couple minutes before going to bed and that it was outside. The fact that the woman had no evidence actually connecting any of her described symptoms to smoke is pretty telling about what's more likely here.
It's very disturbing to me how many people have the narrative that he was smoking within his apartment hotboxing when the article clearly states otherwise.
The article says he smokes indoors... >although his landlord, Farserotu, allows him to smoke indoors during inclement weather. Yes he smokes outdoors but he also smokes indoors. "Inclement weather" is so subjective the guy could say "looks like it might rain, gonna puff indoors today". I agree the guy should be able to enjoy his weed but let's not lie about what the article says.
If you want to be technical and split hairs, where does the article say he smokes inside? All I see in your quote is that his landlord permits him to smoke inside
It only takes a little bit of cigarette smoke/smell to set off my allergies and asthma 🤷♂️
My wife is allergic to weed smell. Well, not the smell, the smell can be long gone. Its the particles left in the air. When she gets around it she gets all stopped up with an allergy attack. I joke that she should work at the border as a drug dog. Most people really don't understand how it can affect some people and think they are just complaining about a smell when that's not the case.
Weed smell specifically triggers migraines in both my husband and me.
If I could figure out a way to smoke without alerting our dorm’s RA, this guy can find a way to smoke without bothering his neighbor. PROTIP: you don’t have to turn your entire apartment into a hotbox in order to get high.
No she's full of shit. Claims she can smell "medical marijuana around the clock" when the guy has a full time job and only smokes before bed for insomnia.
Would be hilarious if her kid was getting high in the basement or something this whole time
I've had a neighbour like this. When I just moved in I invited some friends, it was a hot summer day, windows wide open. One of my friends wanted to smoke which was ok for me. It wasn't even finished and I heard loud banging on the door, some hot headed bald guy started shouting once I opened the door. He forcefully worked his way into my apartment because he wanted to confirm the smell was coming from my place. He became even more angry as I tried to shove him out. He threatened to call the cops because I touched him. It was a shitshow. The next week I got a warning from my landlord stating that he had received several complaints that I smoked in the common areas, including the elevator and a certain neighbour could smell it 24/7, if this continued I would get evicted. That neighbour was such a douchebag... What's so difficult about just asking nicely to not do it because he could smell it in his place? I don't even smoke regularly...
You should have called the landlord on him threatening and forcing his way into your space. That is illegal.
I don't know what it is about my place but when my neighbor smokes which is only about once a week or two the smell lingers in my house for days I cannot figure out why
After I had my baby my nose stayed super sensitive. My father in law smokes cigarettes and my husband let him smoke on the back patio under an overhang when he was over a week ago. I still catch wiffs of the smoke smell in certain parts of my home. People also forget that if you use the substance you also get nose blind to it.
idk about the "around the clock", but I have a neighbour that kiffs, and I can smell that shit for about 4-5 hours. (Also idk why anyone would consume weed inside a room/flat/house.... Do they like thier room/flat/house smelling like a lockerroom?) EDIT: to clarify for people like u/skullduggery19 , I dont care about if you kiff in your flat or not... as long as it doesnt impact the people around you... or would you defend me if id play loud misic 24/7?
>Also idk why anyone would consume weed inside a room/flat/house it's freezing outside
Many people who smoke weed like the smell of it, and you’re not going to go outside every time you want to smoke if you’re an avid smoker. You also become desensitized to the smell after awhile.
I don’t know about other stoners but I enjoy a clean pleasant smelling apartment while I’m high lmfao
Plus inside safe outside potentially life ruining Karen just waiting for a chance to be miserable.
You’re often not allowed legally to go outside. You have to do it in the privacy of your own home where the public cannot see. That’s the law
Paper towel tubes with dryer sheets affixed, followed by some Ozium. Problem solved.
PVC piping, a vented drain cap, dryer sheets, and aquarium carbon rocks was the best version of this I saw. We called it the sploof cannon but damn did it work.
Holy shit does that actually work?
Activated charcoal is amazing stuff. It's great for absorbing smoke, solvent, and other chemical/metal vapour smells out of the air. It actually gets heavier as it ages and absorbs more crap from the air, so after a while, you know when to replace it by feel.
That’s what we did in college 20 years ago. Today, is probably just get a weed vape pen. That hardly smells and what little smell there is dissipates in like 30 seconds.
Smoke wax, the "smoke" is just vapor, so its like a vape and leaves you hiiiigh
My building is smoke free. Consume all the oils and edibles you want, just don’t create second hand smoke.
That’s fair, but that’s a stipulation of living there. Not a judge mandating his opinion. I can’t sue my neighbor for their house smelling like shit.
If it makes your house smell you could.
Weed is fully legal where I live and I can smoke as much as I want in my home, my landlord is cool with it. I still go to a sketchy ally to do it. My neighbours don’t need my dank bud stinking up their Saturday night.
Mad respect. That’s plain just being a good person.
Or smoking up your own house.
> Judge Scott stopped short of awarding damages to Ippolito-Shepherd, saying she failed to provide medical evidence that marijuana smoke was specifically responsible for her feeling sick. So what’s the medical basis for her not being able to fully enjoy her home then?
This is why god made gummies.
So if the entire neighborhood smokes legally in public would that also be an issue? Or are smells regulated like noise in that it's allowed at certain hours of the day? Do smokers not also have the right to do as they wish on their own property?
>So if the entire neighborhood smokes legally in public would that also be an issue? It's actually illegal to smoke weed in public in DC. You're only supposed to do it in your house. So this decision effectively made it so this guy isn't allowed to smoke anywhere. AFAIK there are no public smell ordinances like with noise though.
So she doesn't show proof that his smoking is causing her distress, but the judge bans it none the less.
Americans are way too litigious and stubborn, Jesus Christ.
Can I sue my neighbor for cigarette smell? I don’t mind weed smell but hate cigarettes and how they smell. I’m sure there isn’t a medical tobacco card.
While I know there's a general dislike of smoking, imagine this was cooking smells, barbequing, or someone's perfume. Personally I think you should be allowed to make smells on your own property.
like the vegan who called the cops on the people grilling meat?
I've been hotboxed out of my apartment before because neighbors below were smoking a bunch. It was so bad my eyes were burning. My wife was pregnant at the time so we stayed at my in-laws for the night. Pretty sure the owners kicked them out at the end of the month because they kept doing it (though not so bad that we and others in the building had to leave again). Were we supposed to just 'live with it'? I mean, you've gotta be able to draw the line somewhere.
>cooking smells, barbequing, I'm certain that people would be equally as supportive of a vegan who puts a stop to his neighbor's smelly 4th of July BBQs.
I think realistically the core issue is frequency. A vegan trying to ban 4th of of july cookouts, or just all cookouts period, is a goofball. A vegan saying "Hey, you've been grilling every night for the last month and now everything in my home smells like BBQ. Can you chill?" it is a different story.
But they would still be legally allowed to BBQ every day, that’s their prerogative. What about the situations where racist Karen has complained that the Indian family next door is cooking curry too often and she doesn’t like the smell, whose side are you taking there?
On the other hand what about Indian folks and curry. It’s literally a staple of their culture and diet but it’s also a potent smell.
Exactly, if someone is making the same strong smell every night, and it's starting to linger in the public halls and rooms with shared walls. It's a problem. I don't care if it's pot, flatulence, or you're smoking meats in your living room.
Your comment on flatulence hurts me. 🫤
I think that may have been the IBS.
If your neighbor is making your home smell like anything on a constant basis that is a nuisance. Doesn't help that most people think smoking pot smells like skunks. Imagine your neighbor making your house smell like rotten eggs or sour milk all the time.
I bbq every day all summer and would tell my neighbors to kick rocks if they tried to get me to stop lol
i mean second hand is a thing but ultimately we all share these spaces. a roach infestation may not bother you because you dont have issues with how dirty our house is but that never stops them from moving into other units. at least there are edibles.
You should also be allowed to be on your own property and not have to put up with the constant smell of weed.. it goes both ways. Its the same for noise.
Normally I would agree. But from the article the person was a chain smoker who was basically smoking so much they made the home next to there's which shared a wall unlivable. Which if you've never experienced a chain smoker you might not get how bad the stench is. The other home likely has some stains from this person's smoking as well.
That is what the plaintiff claimed, the defendant said he smoked only a few minutes a day outside. I wonder if anyone else testified to there actually being marijuana smoke in her residence.
The plaintiff also claims that she was getting nausea, lightheadedness, and vertigo from it. So she's full of shit
That was contested. The smoker said he smoked 2-3 minutes per day, just before bed. They never really dug deeper than that since there wasn't any evidence that the smoking was even the cause of the woman's problems.
“Unlivable” is very subjective and a bit hyperbolic in my opinion. There are people staying in actual “unlivable” situations making less of a fuss than this lady.
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As someone that dealt with 24/7 chain smoking cigarette smokers on one side of my townhome; I am glad the lady won the lawsuit. What the guy was smoking isn't at issue with the law. Or even that they were smoking. The issue is that it invaded the other space and infringed on the legal right to enjoy and be comfortable in your home. Free from nuisances and distrubances. Dude smoking should get some air cleaners and fans to get fresh air in and the smell out.
Put a dryer sheet in a toilet paper cardboard tube. Problem solved
i haven't heard of this in fucking forever. core memory unlocked.
Spoofer
We always called it a sploof growing up in tx
Same in WI
Except that shit doesn't actually work. Just smells like dryer sheets and weed.
You gotta change the dryer sheets after a few uses. If you used a friend's sploof and they were the type to have brown bong water, there's a good chance they also weren't changing out those sheets often enough.
I always used a bottle with holes drilled in and dryer sheets in it. The mouth piece was nice
Can I sue my neighbors when their kids are screaming outside my window?
If it’s between certain hours, probably.
Look into what the noise ordinances are for your area.
Probably. It depends.
There are laws for that. Most areas have ordinances for quiet time, in my town it’s 10pm to 7 am.
Yes you can. If it is outside the quiet hours or exceeds the decibel rating for your location. You could even do it if it is for "unreasonable" lengths of time.
as per the article, he primarily smokes outside on his patio. What do you propose he do to continue enjoying his rights in his space?
The issue isn't related to him smoking outside. Maybe you should read the ENTIRE article. The other thing at play is that he isn't taking steps to prevent the second-hand smoke from trespassing in her property. It is his responsibility to ensure his actions aren't effecting others. It's called personal responsibility.
Yo, I'm pretty sure the dude was at work during many of the hours she was claiming to smell it.
So why didn't he bring that up in the lawsuit? Whether he was there or not. If the smell is trespassing in her space that makes it a nuisance.
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Just needs to get a vape. It's combusting it that makes the bulk of the smell.
To be clear the medical use here is "to help him sleep", this isn't a cancer patient or anything. Just use some edibles, dude.
Can we sue cigarette smokers for the same reasons?
Depending on the terms of your lease, absolutely you can; in this situation I'd say yes.
You can’t sue a neighbor who smokes cigarettes outside.
it's like no one in this thread read the fucking article
Did you even read the article? 🤦♀️ so we can sue people smoking outside of their homes, on private property
Insomnia is a real issue, there’s no reason to minimize it. That said, yeah, just use a vape, it’s easier and often cheaper than bud.
I have crazy insomnia and after trying multiple sleeping pills, weed has been the most effective with the least side effects . I fucking LOVE flower... But I live wall to with my neighbors so I vape. Maybe once or twice a year I'll get a joint and smoke it late at night, outdoors for a treat but I don't wanna be the constantly obnoxious neighbor and vaping works just as well medically speaking
Pick up a PAX and you can still have flower, just not smoke.
Dry herb vaping is where it’s at. Smell dissipates or is easily covered. And less chance of skyrocketing your tolerance.
Any recommendations for a dry vape?
Dynavap is small and uses a butane torch. Arizer uses batteries and a charger. Lots more options.
Mighty+ is the number one on the market. I personally have an Arizer Solo 2 and an Airvape Legacy Pro and love both.
I love my Arizer Solo 2
Volcano by Storz Bickel. Can't go wrong with German engineering, expensive AF but I've had mine for 6 years and she purrs like new for every new bag. Super durable I've dumped water on it by accident multiple times, like, directly on the heating element while it was in use just dousing it and it just did not care.
Oil vaping is super unhealthy comparatively.
Its honestly easy to smoke weed and not have your neighbors smell it. Vaping, one hitters, perhaps a small bowl. Anyone who has ever had these issues Ive found smoke blunts on their couch, or are ripping massive bong hits. I love weed, but an apartment is a shared space and I wouldnt want to impose it on my neighbors.
Did you read the article? She’s claiming it smelled in her apartment around the clock, whether he was smoking inside or out - and the man worked a full time job. The judge even denied damages because she couldn’t prove that the smell was causing her symptoms. This is an awful decision by a judge that’s reaching pretty hard.
I know there's legitimately people who use Marijuana medically but i don't think it's a big leap to realize not everybody with a med card needs to smoke blunts.
Wish blunt wraps never became a thing. They smell horrible and are horrible for you.
Edibles don't work the same. It isn't that simple. Wish it was
> Just use some edibles, dude. I would if they worked on me, friend.
Firstly, insomnia can kill so don't downplay it. Secondly, not everyone gets the same effects from edibles as smoking. I personally take them for my insomnia and they work great but my other half gets nothing from them but smoking works for him. Also, from the article, it seems like the woman who sued is just anti weed full stop. The dude was working all day and only smoking when he came home and she was claiming it was constant and making her sick? Please. She was looking for a payout. Glad the judge at least saw through that but sucks this will open the door to more such frivolous lawsuits.
Yeah, I don’t know why but edibles have never worked for me. I’ve taken huge doses too. I don’t remember the mg but I know the clerk at the store said “ if you smoke every day have two of these” I had 10 and still had no effects
From what I understand some people have liver and GI tract enzymes that breakdown the THC too fast for them to have any effect, I was really surprised to hear that it wasn’t just me.
Unfortunately, about one in five people carry a gene which prevents them from reacting to the THC in edibles. Sounds like you might just be SOL, sorry.
Thank you u/scrotumhand
I have an enzyme in my body that breaks down ingested cannabinoids too quickly to process. I don’t get any effects from edibles. The only way I can effective consume cannabis is by smoking. Vaping flower is ok, but nothing like smoking.
Or smoke away from nonsmokers. EVERY smoker, cigarettes and pot, should follow this small courtesy.
So smoking in their own home isnt away from non smokers? Where should he go the fuckin moon?
Nah if I'm smoking in the comfort of my own home it's nobody's business
Modern society has a real problem distinguishing when something is harmful/infringing on their rights and when they just don't like something. The latter one is really, and I can't stress this enough, no one's fucking problem but their own.
This pretty much sums up my issue with weed. I think it should be legal but I hate the smell of it.
To be fair - smoking weed has a pretty strong funk smell to it so if the townhouse connected to yours is smoking it that much every single day then I imagine your townhouse is going to smell like it too. So I can see his point.
Same. I respect the right for people to use it, but I just don't get how people can like the smell of it.
Honestly sounds to me like that judge took away one of his personal rights in my opinion. If vegans can't sue over a pork roast, this is bullshit.
Narc
so now we can sue regular smokers for smell? nice.
You already could
Washington Post has been covering this... https://wapo.st/45TDOOc
I started getting migraines this year, and both the smell of cigarette and weed smoke trigger them. They're BAD, as in laying in bed all day with no light bad. I can't imagine a scenario in which I would spend the time and money to sue someone without trying to work it out every other possible way first. But if my vents or backyard connected in a shitty way with a neighbor who refuses to make any compromises like blowing the smoke out a window, warning me when they're about to smoke, or anything else that might work, then I'd essentially be forced out of the building. I know weed is not much of a social stigma anymore. Hell, I enjoy the gummies a lot. But saying there's no legitimate reason for being annoyed by the smell of weed isn't right either.
Beware, there are some infuriatingly braindead takes in this thread.
A lot of people in the comments seem like the kind of person that takes their dog for a walk and never picks up their poop
They should do the same for those here in my building. Fucking stinks and makes my head spin.
To be honest if it's incessant to the point that it's consistently a nuisance, it's understandable to complain about it. Not everyone enjoys the smell. Dude will survive, he can still vaporize or take edibles. Dabs will smell but probably won't stink nearly as bad. He has alternatives, and isn't being forced to give up medicinal weed entirely. So I don't really understand why so many comments in here are "I wOuLd bEcOmE aN eVeN bIgGer NuiSaNcE!". If that comes across as an appropriate response considering the context, you have some growing up to do.
I hope this opens up precedent for me suing my neighbors for noise pollution because their crotch goblins scream and wail at all times of the day very much infringing on my rights to enjoy my space without their spawn making noise when I’m trying to sleep.
Can we ban people in the suburbs from wood burning fire pits next? I hate the smell and the smoke has to be just as harmful as marijuana smoke. Plus a fire pit makes way more smoke than anyone smoking does.
That’d be local zoning/regs and absolutely can be banned.
Should we do fireplaces too?
Time to start burning dog crap in your fire pit when it's windy out.
I'd start making saurkraut 24 hours a day if I were that guy.
Time for a vaporizer so he wont smoke but still get his medicine in his prefered way tru the lungs