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Secondhand pot smoke and your neighbors

Washington State was one of the first states in the country to legalize the use of marijuana for recreational purposes. While this has been legal now for a few years, there are still situations that arise in which people may be unsure about what might be legal or what might not be legal. In fact, these situations may be happening in any of the states that have legalized recreational pot.

Among the situations that might arise includes the wafting of smoke from a joint being smoked at one home to a neighboring property. As explained by Politifact.com, enjoying marijuana on private property is completely legal. However, if a neighbor finds the aroma or the smoke to be offensive, the issue may need to be dealt with.

As with many issues between neighbors, it may be helpful to have a conversation with the other party first. If this does not result in a satisfactory outcome, a person might want to review their municipality's nuisance laws to see if those may be able to assist in ceasing the unwanted smoke. Homeowners' associations may also have rules about secondhand smoke, whether from nicotine or marijuana, especially for condominium or townhome developments where individual residences are close together. 

If you would like to learn more about nuisance laws and other regulations that may provide some recourse for you when facing a dispute in your neighborhood, please feel free to visit the neighbor conflict resolution page of our Washington State real estate and property dispute website.

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Riach Gese Jacobs, PLLC
7331 196th Street, SW
P.O. Box 1067
Lynnwood, WA 98046

Phone: 425-329-7857
Phone: 425-776-3191
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