Residents of Washington state may wonder about their rights regarding cannabis smoke from neighbors, especially now that recreational cannabis has been legal for over a decade. While individuals are allowed to purchase and use cannabis on private property, the law has specific guidelines on where and how it can be consumed. This raises the question: can you call the police if cannabis smoke drifts into your backyard?
Understanding Cannabis Consumption Laws
In Washington state, adults aged 21 and older can legally use cannabis on private property, provided the property owner permits it. As stated by the Washington State Liquor Control Board, individuals can consume cannabis openly within a residence as long as the property owner allows it. Notably, landlords have the authority to impose regulations regarding smoking both indoors and outdoors. Furthermore, property owners can prohibit cannabis use altogether under regulations from the U.S. Department of Housing and Urban Development.
While private consumption is permitted, public consumption of cannabis remains illegal. According to the Revised Code of Washington, smoking cannabis in public spaces, such as sidewalks, parks, or hiking trails, is strictly prohibited. Additionally, individuals are not allowed to vape or consume edibles in view of the general public.
Addressing Cannabis Smoke Complaints
If cannabis smoke from a neighbor negatively impacts your living environment, the response largely depends on property ownership. For instance, if both parties reside in rental properties, addressing the issue through the landlord may be effective. In cases where both neighbors own their properties, restricting cannabis use can become more complicated.
Residents in apartment complexes are generally protected from smoking in common areas, as outlined by state law. If you find yourself affected by a neighbor’s cannabis smoke, it is advisable to first seek an amicable resolution. Open communication may lead to a compromise, such as asking your neighbor to consume cannabis in a different part of their property to minimize smoke intrusion.
Resources such as the Clark County Public Health renters toolkit can assist individuals in navigating these discussions. If direct communication fails, mediation options are available through local dispute resolution centers, which can facilitate discussions at a low cost.
For those living in designated non-smoking areas, it is crucial to inform your landlord if the smoking policy is not being enforced. The Tenants Union of Washington State provides resources to help residents understand their rights and potential actions to take.
If the situation escalates and legal action becomes necessary, be aware that proving the negative impacts of cannabis smoke can be challenging. To pursue a claim of “private nuisance,” you must demonstrate that the smoke has harmed your property or compromised the comfort, health, or safety of others.
Considerations for Cannabis Use
Conversely, if you are a cannabis user living in an apartment or shared space, your landlord can enforce a no-smoking policy if it is included in your rental agreement. While a neighbor may request you stop smoking cannabis in your backyard, you are not legally obligated to comply unless explicitly stated in your lease. Still, it is wise to consider the impact of your actions on your neighbors to prevent potential conflicts or legal challenges.
As conversations around cannabis laws continue to evolve, it is essential for residents to stay informed about their rights and responsibilities. Understanding the nuances of cannabis regulations can help ensure a respectful living environment for all parties involved.
This article has been updated with the latest information since its original publication in September 2023.
