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Will the Police do Anything About My Neighbors Smoking Weed?

With the legalization of marijuana in many states, some people have concerns about their neighbors smoking weed. If you find your neighbors’ weed smoking bothersome, you may wonder if calling the police will solve the problem.

Background on Legalization of Marijuana

Over recent years, marijuana laws have relaxed both for medical and recreational use. Currently, medical marijuana is legal in 37 states plus Washington D.C. Meanwhile, 19 states plus Washington D.C. have legalized recreational marijuana. However, under federal law, marijuana remains illegal.

Concerns About Neighbors Smoking Weed

For those who live near neighbors who smoke weed, secondhand smoke, smells, and other issues can negatively impact quality of life. You may worry about health effects or impaired driving. Additionally, some landlords ban smoking weed.

Overview of Key Questions

In this article, we’ll explore questions like:

Is it legal for my neighbors to smoke weed?
What will happen if I call the police about my neighbors smoking weed?
What are alternatives I can try before calling the police?

Is Smoking Weed Legal?

Whether or not your neighbors can legally smoke weed depends on several factors:

Federal vs. State Laws

Federal law states that marijuana is illegal, but states have their own laws:

Recreational Use

19 states plus Washington D.C. have legalized recreational marijuana. In these states, over 21 can purchase and smoke marijuana.

Medical Use

37 states plus Washington D.C. allow medical marijuana with a doctor’s recommendation. Approved patients can purchase and consume marijuana.

Public vs. Private Use

Most states allow private recreational use but have bans on public consumption:

Designated Public Areas

Some states like Alaska and Nevada permit marijuana use in specific licensed establishments.

On Private Property

It is typically legal to smoke weed on private property like your home, yard, balcony, etc.

Renting vs. Owning Property

Renters should check if their lease prohibits smoking marijuana. Landlords can restrict marijuana. Homeowners can smoke on their property unless prohibited by HOA rules.

The Role of Police in Enforcing Marijuana Laws

In States Where Marijuana is Legal

In states with legalized recreational or medical marijuana, the police cannot arrest people for use or possession within legal allowable limits on private property.

In States Where Marijuana is Illegal

Where marijuana is illegal, police play a larger role enforcing marijuana laws:

Investigations

Police may investigate marijuana use, possession, sales, or growth on private property. They can patrol for marijuana odors or observe backyards.

Charges and Penalties

If illegal amounts of marijuana are discovered, charges can include fines, probation, property seizure, DUI charges, and even imprisonment depending on state law.

What You Can Do About Neighbors Smoking Weed

If your neighbors smoke weed, here are steps you can take:

Speak to Your Neighbors Directly

Politely talk to your neighbors about the issues to try resolving problems without getting authorities involved.

Contact Landlord or Property Manager

If you rent, report issues to your landlord/property manager in case they want to prohibit marijuana on their property.

Call the Police

If you believe laws are being broken or you have serious concerns, call the non-emergency police number to file a report.

Be aware police involvement can hold serious consequences like fines or charges for your neighbors.

Remaining Anonymous

You can report anonymously but providing detailed information helps the police investigate.

Potential Consequences

Your call could lead to criminal penalties depending on marijuana laws in your state. Weigh this carefully before contacting police.

Seek Legal Action

If discussions, police reports, and landlord complaints don’t work, consult an attorney about nuisance or negligence lawsuits as a last resort if the smoking severely impacts your living situation.

Address Health and Safety Issues

Contact emergency services right away for urgent issues like:

Secondhand Smoke

If smoke enters your unit and causes health issues, call emergency services.

Impaired Driving

If a neighbor drives while impaired, contact 911 to prevent threats to public safety.

Key Considerations Before Calling the Police

Before contacting law enforcement, keep these tips in mind:

Weigh Potential Consequences

Fines, charges, property seizure, and other penalties can deeply impact your neighbors if marijuana is illegal in your state. Consider if these outcomes are appropriate and necessary.

Explore Alternative Approaches First

Speaking directly or complaining to your landlord may effectively handle issues without police involvement.

Provide Detailed Information to Police

If calling, give specific details about the situation and concerns to help the police investigate and determine appropriate action.

Follow Up if Needed

If problems continue after initial police reports, follow up with additional complaints.

Conclusion and Summary

Key Takeaways

Legality of smoking weed depends on federal vs. state laws, public vs. private use, and if you rent or own property
Police play a larger role enforcing marijuana laws in states where weed is illegal compared to legal states
Before calling law enforcement, try alternative approaches like talking to your neighbors directly
Weigh potential criminal penalties for your neighbors against the actual severity of the issues
Provide detailed reports to the police to help investigations
Follow up with additional complaints if problems continue

Additional Resources

Consult state laws and local police departments to learn more about marijuana regulations and enforcement policies in your area. Speak to an attorney if you have questions about nuisance lawsuits related to marijuana smoke issues between neighbors.