Anonymous wrote:
Anonymous wrote:Folks, this case is neither a "dangerous precedent" nor a useless outlier.
The plaintiff in this case was able to show that the pot smoke was pervasive enough to impact her health. That's going to be quite rare. This is not going to enable someone to sue their neighbor because they don't like the occasional scent of pot or cigarette smoke. It's clear this case involved an incredibly heavy smoker who was smoking all the time, and that the proximity of the homes was so close that this resulted in pot smoke IN the plaintiffs home all the time. Most in-home pot use will never rise to this level. If you smoke pot at home, even in your backyard or on your front porch, it's very unlikely this case could be used to sue you unless you are smoking all the time and in such a way as to fill your neighbors house with pot all the time.
And no, a vegan could not sue their neighbor for BBQing, unless they could show that the BBQing was so frequent and the smoke from it so pervasive as to cause health issues. Won't happen.
Think of it like noise. If you could occasionally hear your neighbor talking loudly, playing music, or hosting people, but it was at a generally "normal" level and only disrupted you very occasionally, could you sue them into silence? No, people are allowed to generate some noise in their normal lives. But if your neighbor was blasting bass-heavy music 24/7, rattling your walls and preventing you from sleeping or functioning, could you sue them. Yes, of course.
This person was engaging in the pot version of 24/7 music turned up to 11. Don't do that.
I need people to re-read the bolded. People are making this out to be a bigger deal than it is.