Anonymous
Post 06/07/2023 21:48     Subject: DC resident sues neighbor over pot smell AND WINS
This is great news! And will be legal precedent for other cases/other areas too.
Anonymous
Post 06/07/2023 20:53     Subject: Re:DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:
Anonymous wrote:A lot of pot smokers are just straight up drug addicts so this probably isn’t going to deter them


Why do you care so much that I be deterred from a legal product that I choose to consume?


You’re missing the point (probably killed too many brain cells). The point is that a judge has ruled that people here can be banned from smoking pot in their very own home if the stench prevents their neighbor from enjoying their home. That’s fantastic news to people who have potheads for neighbors. Potheads make for sh*tty neighbors. Whether the judge’s decision deters anyone remains to be seen. If a pothead is so inconsiderate that a neighbor will go through the time and expense to sue them, they probably don’t care what a judge says either.
Anonymous
Post 06/07/2023 20:41     Subject: Re:DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:A lot of pot smokers are just straight up drug addicts so this probably isn’t going to deter them


Why do you care so much that I be deterred from a legal product that I choose to consume?


DP why are you forcing your neighbors to consume your secondhand pot smoke?


I don’t want to force anyone to do anything, unlike those of you who go out of your way to criticize cannabis use.
Anonymous
Post 06/07/2023 20:15     Subject: DC resident sues neighbor over pot smell AND WINS
I know pot smokers didn’t really heed the CDC on COVID, but thought I’d post link from current CDC page on secondhand pot:

https://www.cdc.gov/marijuana/health-effects/second-hand-smoke.html
Anonymous
Post 06/07/2023 20:12     Subject: Re:DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:
Anonymous wrote:A lot of pot smokers are just straight up drug addicts so this probably isn’t going to deter them


Why do you care so much that I be deterred from a legal product that I choose to consume?


DP why are you forcing your neighbors to consume your secondhand pot smoke?
Anonymous
Post 06/07/2023 19:23     Subject: Re:DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:A lot of pot smokers are just straight up drug addicts so this probably isn’t going to deter them


Why do you care so much that I be deterred from a legal product that I choose to consume?
Anonymous
Post 06/07/2023 19:03     Subject: Re:DC resident sues neighbor over pot smell AND WINS
A lot of pot smokers are just straight up drug addicts so this probably isn’t going to deter them
Anonymous
Post 06/07/2023 17:13     Subject: DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:
Hmm. The article states in the first sentence that the marijuana was for medical purposes, but does not explain whether there was a doctor's letter.

This could get fraught, if someone with a serious or terminal illness gets sued for managing pain or other symptoms with marijuana.



Yes, let’s immediately jump to the most extreme and unlikely example and ignore the every day occurrence. Great job.
Anonymous
Post 06/07/2023 16:32     Subject: DC resident sues neighbor over pot smell AND WINS
This is amazing for her
Anonymous
Post 06/07/2023 16:14     Subject: DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:Wouldn’t this mean that I can sue my neighbor for their leaf blower too?


Noise ordinances already exist.
Anonymous
Post 06/07/2023 16:12     Subject: DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Wouldn’t this mean that I can sue my neighbor for their leaf blower too?


I doubt a judge or jury would ever agree that occasionally using a leaf blower for its intended purpose in a residential neighborhood is a nuisance. Now, if your neighbor runs it every day for no apparent reason, then yes, you'd probably win that case. I'm not really sure how you see any parallels with weed.


I can step outside any given day of the week from spring into winter and hear a leaf blower or lawn service on my block. I can smell them too.

What about strong cooking smells? BBQ? Curry?


You should probably spend time researching nuisance law, and you'll probably be disappointed because leaf blowers and cooking are not out of character for living in a residential area (if any of the neighbors are running it just to annoy you, again that might be a different case, but you've described that many neighbors are all using them for their intended purposes). But hey, if you think you have a case that you can prove, and you want to sue all of your neighbors for collectively annoying you, go ahead and waste your money to do it. You'll need to convince a judge or a jury.


+1

At last, someone on DCUM who gets that people can't just equate pot smoking's effects on neighbors with other things like leaf blowers or cooking smells.

The pot lovers will come out of the woodwork here to defend their right to invade others' personal spaces with their smoke. What their addled brains can't comprehend is that smoking -- pot, cigarettes, anything -- not only creates a mere "scent," it creates particulate matter which permeates even the smallest spaces and goes into others' homes and lungs. The smokers don't want to understand or admit that aspect and don't see any problem with it if they DO understand it. Because they're self-centered.


Has anybody won something like this for cigarette smoke, or cigar smoke? I hate that smell and it's every bit of a health risk as the smell of pot.


Yes, there are court cases where regular cigarette smoke has been deemed a nuisance if it is persistently invading another person’s property.

Usually in successful cases like this, the decision requires the defendant to EITHER cease the nuisance activity OR take mitigating measures to reduce/eliminate impact on neighboring properties. So the classic case would be a noise nuisance case where the offender is required to stop the noise or put up noise absorbing walls. For smoke, the issue could be resolved by smoking only indoors, ensuring smoky air is not ventilating into someone’s yard or home, etc.

I haven’t read this case but I’d be surprised if the judge said “you can’t smoke at home anymore.” I would expect it was more like “if you want to smoke at home, you need to find a way that doesn’t result in your neighbor living with this smoke and smell 24/7.” Guess if the properties were set up so that wasn’t possible (shared air system?).
Anonymous
Post 06/07/2023 13:26     Subject: DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:
Anonymous wrote:Interesting that smell is now taken into account regarding what you are free to do or not do in your own home.

It must have been a strong and persistent smell for the judge to react this way.


It is secondhand smoke — and potentially contact high. We have users who create legit smoke clouds that blow onto children’s baseball fields during games. Police have been called many times.


No you can’t get a “contact high” outdoors or from another home.
Anonymous
Post 06/07/2023 13:25     Subject: DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:
Anonymous wrote:
Hmm. The article states in the first sentence that the marijuana was for medical purposes, but does not explain whether there was a doctor's letter.

This could get fraught, if someone with a serious or terminal illness gets sued for managing pain or other symptoms with marijuana.



Edibles do not work the same way. If it were that simple there wouldn’t be such an issue.

Again … you don’t have to smoke it. You can get edibles.
Anonymous
Post 06/07/2023 12:43     Subject: DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:
Hmm. The article states in the first sentence that the marijuana was for medical purposes, but does not explain whether there was a doctor's letter.

This could get fraught, if someone with a serious or terminal illness gets sued for managing pain or other symptoms with marijuana.



Again … you don’t have to smoke it. You can get edibles.
Anonymous
Post 06/07/2023 12:42     Subject: DC resident sues neighbor over pot smell AND WINS
Anonymous wrote:Interesting that smell is now taken into account regarding what you are free to do or not do in your own home.

It must have been a strong and persistent smell for the judge to react this way.


It is secondhand smoke — and potentially contact high. We have users who create legit smoke clouds that blow onto children’s baseball fields during games. Police have been called many times.