WWYD? Neighbor smoking weed

[LongLiveRafiki]

If someone is smoking cigarettes and the second hand smoke reaches your home due to proximity would you be upset? What happens if they are cooking something very aromatic or bbqing food that stinks? Would you confront your neighbors? You cannot control what people do in their own homes. You can control your homes ventilation. Perhaps you just don’t like your neighbors? I don’t understand peoplesometimes

If it's going in my child's bedroom window on a regular basis, then yes I would be upset. If they are cooking something aromatic or BBQing, I'm imagining that the smell would not be as bothersome as weed, nor something that is occurring on a regular occurrence when my child is trying to sleep. In that case, no, I would not say anything to my neighbors as that isn't anywhere close to a comparable scenario. Yes, people can do what they wish in their homes, but when it affects neighbors in THEIR homes, it is considered creating a nuisance.

I like my neighbors just fine. The kids play together, the adults keep to themselves and it works great. They in no way, shape, or form bother me with their actions while I'm inside my home and they do not smoke weed in a manner that causes it to go in my child's bedroom window. If they did, I'd talk with them and I'm sure they'd have no problem remedying the issue.

Personally, I can't think of a single person I know that wouldn't attempt to keep their weed smoke from going in a child's bedroom window after being notified of the issue. That's just common courtesy.

 

[CarolAnn856]

People have a reasonable expectation to use all aspects of their home without interference from others' actions. Having to leave a window closed to prevent weed smoke from a neighbor from coming into the house infringes on that right. Just as people are telling OP to put a fan in the window or keep the window closed, the neighbor can also likely close their window/garage door or have a fan to keep the smoke from blowing towards her bedroom window. They can stop smoking outside right near her bedroom window and find another place on the property where it's not an issue, or go in the garage with fans and/or the doors and windows closed. The onus is on the one creating the nuisance to take reasonable measures to ensure they are not affecting others off their property by the actions they are doing on their property.

The police can absolutely take action. Even if it is legal for them to smoke it (if they have their medical card), it doesn't mean they can do it wherever they wish or that they are free from legal action just because they are using it for medical reasons. The quote I included in my last post shows that and there are loads of other things written into the law about where you can and can't smoke as well as laws outside of medical marijuana that deal with causing a nuisance to your neighbors.

As I indicated before, if I approached a neighbor with this particular concern and politely asked them to try to keep it from going in my child's window and they said no, they've broken any positive relationship I care to have with them. What are they (the neighbor) really going to do? Smoke more/even closer to the window? Create some other kind of nuisance? It's not like I'd have to sit there and let them continue to make my life inside my home miserable. If someone takes retaliatory measures after I have politely tried to resolve the issue with them and they refused, the police will get another call. People should not be afraid to call the cops on disruptive behavior because said people may retaliate.

Many towns have ordinances that prohibit or limit burning of things like trash, brush, and leaves.

Taking weed out of the equation, since its legallity is different from place to place, I think you're wrong about who has to change. I HATE cigarette, cigar, and pipe smoke. I get a choking feeling if it's strong. I still know that it would be MY responsibility to go inside or close my window if my neighbors were enjoying their own property by smoking in their yard, even if it drifts into my yard or home.

 

[goofy4tink]

Well, how about the smokers close up their garages? Shut doors and windows and keep the smoke inside their place?

 

[sam_gordon]

Many towns have ordinances that prohibit or limit burning of things like trash, brush, and leaves.

Who says I live in a town? I don't. The point is the smell of smoke can drift from a ways away. What about the smell of fresh cut grass? If I don't like the smell, should I ask the neighbor to not cut his grass while I'm home so I can keep the window open?

I agree if I was actually getting smoke (not just the smell) into my house, I'd say something. I don't think that's what's happening here.

 

[Colleen27]

Neighbor issue threads on the DIS always fascinate me. I never knew so many people were so afraid of retaliation over a polite request!

OP, we had this exact issue with a neighbor. He has his med card, so he was legally within his rights to be smoking, but his wife didn't allow it in their house because they watch their then-infant grandson almost every day. The porch where he smoked was basically right outside my son's window, and the smoke would drift in and make our whole second floor smell like pot sometimes. So I mentioned it to him and he started smoking on the back deck, on the opposite side of his house from our property line, when the weather is nice. In the rain, he still smokes on the porch (which is covered - the deck isn't) and I just close the window. End of story. No police, no retaliation, no drama. Just neighbors addressing an issue like respectful adults.

Maybe I'm lucky, but that's the baseline expectation in our neighborhood. We're all on small lots - ours is a double lot for the neighborhood, at 1/4 acre - and we all use our backyards for campfires and BBQs and kids' playsets and such, so good over-the-fence relationships are important. "Not my problem" attitudes and fearing to speak up or calling the police as a first resort just wouldn't fit with the friendliness of our little corner of town.

 

[Colleen27]

i had a brother who partook extensively and tried to use the (then) popular cover up scent of patchouli for decades my mom thought weed smelled like patchouli and always assumed anyone who smelled like patchouli was a 'reefer junkie' thank goodness the essential oil crazy came along after she passed away-otherwise she would be giving judgmental glares at sahm's at the grocery store

When my brother and I were teens, he had my mom convinced that the smoke in his room was incense. So one day, we were at this huge weekend flea market and I was buying incense for myself, and she told me to be sure to get some of the kind my brother gets because she really liked the way that one smelled.

So I should be able to go two streets away and ask the people there to not burn their brush because I can smell it? I mean smoke is smoke, right?

It seems like some people have never lived close enough to neighbors that some level of impact/interaction was inevitable. I'm very laid back and friendly with my neighbors, but if someone a block over stopped by to tell me that DH shouldn't smoke (cigarettes) on our porch or that we shouldn't enjoy our firepit in the summer because she could smell it, I'd laugh. Actual smoke blowing in through a window in enough quantity to disturb the occupants is absolutely worthy of adjusting our behavior - that's why DH smokes on the front porch, facing the street, not out back where he'd be maybe 20 feet from the neighbor's kitchen window - but the idea that you should never smell or hear your neighbors is just absurd and unreasonable when you live in a community with any density.

 

[cabanafrau]

Neighbor issue threads on the DIS always fascinate me. I never knew so many people were so afraid of retaliation over a polite request!

OP, we had this exact issue with a neighbor. He has his med card, so he was legally within his rights to be smoking, but his wife didn't allow it in their house because they watch their then-infant grandson almost every day. The porch where he smoked was basically right outside my son's window, and the smoke would drift in and make our whole second floor smell like pot sometimes. So I mentioned it to him and he started smoking on the back deck, on the opposite side of his house from our property line, when the weather is nice. In the rain, he still smokes on the porch (which is covered - the deck isn't) and I just close the window. End of story. No police, no retaliation, no drama. Just neighbors addressing an issue like respectful adults.

Maybe I'm lucky, but that's the baseline expectation in our neighborhood. We're all on small lots - ours is a double lot for the neighborhood, at 1/4 acre - and we all use our backyards for campfires and BBQs and kids' playsets and such, so good over-the-fence relationships are important. "Not my problem" attitudes and fearing to speak up or calling the police as a first resort just wouldn't fit with the friendliness of our little corner of town.

That's how it is with our neighbors as well, which is why I don't see the harm in having a conversation. I don't see why friendly and cooperative neighbors wouldn't be able to work together to find a solution that works for both.

 

[Hikergirl]

Actual smoke coming in to the window? I'd mention it to the neighbor.
Just smelling it because the window is open? I'd close it.

 

[piccolopat]

Well, only recreational is illegal in Illinois, medical marijuana is legal. So what would you do when you confront him and he shows you his medical card. (PS, anyone can get one for $300, so he probably has one.)

Just because medical marijuana is legal doesn't make it right to expose people to it that don't want their private space affected. OP, I would let your neighbor know how this is affecting your family and ask if his son could smoke elsewhere so the smoke doesn't waft into your home.

 

[CarolAnn856]

Well, how about the smokers close up their garages? Shut doors and windows and keep the smoke inside their place?

As much as I would like that, my understanding is that they have a legal right to smoke on their property. And while I would have no problem asking them if they could move to a different part of their yard, I know that I can't force it.

 

[kaytieeldr]

I'm asking on opinions on how to ask him/how to handle a situation that IS NOW my business.

My opinion is you have several choices.
You could approach your neighbor and ask what both of you can do to alleviate the situation.
You can buy your neighbor a strong outdoor smoke eater (remember, you have an issue with his activity which is why you should make the purchase.)
You can keep your daughter's window closed when he's smoking.
You can use the outward-blowing fan @maxiesmom suggested in the very first response.
You can move your daughter back to her former room and only use this room during the day.
You can move.

 

[kaytieeldr]

It's not legal in our state - yet - and I highly doubt he has an issue where he needs it medicinally, but you know, hidden disabilities and all that

Yeah, pain isn't normally visible

If the previous suggestions don’t work, I would place a strobe light on your property facing the garage door in question And turn it on whenever you smell the offensive skunks. That should do the trick and give them a hint to close the door.

Of the garage, maybe - but the fire pit is outdoors.

And passive-aggressive is childish.

 

[kaytieeldr]

If they are cooking something aromatic or BBQing, I'm imagining that the smell would not be as bothersome as weed, nor something that is occurring on a regular occurrence when my child is trying to sleep.

Some people move their cooking out to the grill all summer, or longer in more temperate climates. Okay, okay, some people even grill outdoors in the snow

Yes, people can do what they wish in their homes, but when it affects neighbors in THEIR homes, it is considered creating a nuisance.

Did you possibly mean something like, 'it could be considered creating a (legal) nuisance'?

Just because medical marijuana is legal doesn't make it right to expose people to it that don't want their private space affected. OP, I would let your neighbor know how this is affecting your family and ask if his son could smoke elsewhere so the smoke doesn't waft into your home.

The way I'm reading this thread, the smell is wafting. The smoke isn't.

 

[LongLiveRafiki]

Taking weed out of the equation, since its legallity is different from place to place, I think you're wrong about who has to change. I HATE cigarette, cigar, and pipe smoke. I get a choking feeling if it's strong. I still know that it would be MY responsibility to go inside or close my window if my neighbors were enjoying their own property by smoking in their yard, even if it drifts into my yard or home.

Who says I live in a town? I don't. The point is the smell of smoke can drift from a ways away. What about the smell of fresh cut grass? If I don't like the smell, should I ask the neighbor to not cut his grass while I'm home so I can keep the window open?

I agree if I was actually getting smoke (not just the smell) into my house, I'd say something. I don't think that's what's happening here.

I do get what both of you are saying. I think there is a big difference between a smell vs actual smoke coming into a home, both in the amount that I'd be bothered and in any potential legal action. Even with actual smoke, it would likely depend on how much and the frequency and longevity of it. Having a faint smell of marijuana or cigarettes waft in through the window on occasion and last for 30 seconds is far different than actual smoke coming in the window for an hour straight on a nightly basis. I think how big of a nuisance it was would affect whether it's something a person would be expected to put up with vs having a reasonable and actionable nuisance complaint. Still, I would like to think most people would be willing to take reasonable measures to keep their smoke from bothering their neighbors in their home if notified that it was an issue.

 

[BLAZEY]

No actually smoking is legal in your own home. What are people thinking?

If there are children in your home, in BC you can't smoke inside the residence, in the yard outside is permitted. Can't smoke in a car with a person under 16 either.

 

[LongLiveRafiki]

Did you possibly mean something like, 'it could be considered creating a (legal) nuisance'?

Yes, that it COULD BE considered a nuisance. Whether or not the action itself is legal, it could still be considered a nuisance in the legal sense, depending on the exact scenario, local ordinances, etc, and if it is, then a citation can be issued.

 

[barkley]

As much as I would like that, my understanding is that they have a legal right to smoke on their property. And while I would have no problem asking them if they could move to a different part of their yard, I know that I can't force it.

the laws are written differently in each state w/legalized (med or recreational or both). in my state there could be a violation for the circumstance the op is speaking to-

Smoking weed is within the law if you are on private property, outside the view (or smell) of the general public (so if the smoker is in an open garage where he's seen or the weed is smelled by someone else not on his property-it's illegal) with a civil penalty/$100 fine for each instance. THAT SAID-the homeowner in this situation, if put on notice by the offended neighbor would be at much greater risk than the smoker if the owner permits it to continue. this would constitute maintaining a structure (garage) that is being used to engage in said illegal act (smoking w/in the view or smell of the public) which is a felony and has an initial $1000 fine but can carry up to 5 years incarceration and $10,000 in fines.

this is why the 'bud and breakfast' lodgings in our neck of the woods strictly limit exactly where on their properties people can partake.

i don't know how ardently my state is prosecuting but those are the laws on the books.

 

[PerfessorZ]

I’m a bit confused by people making a distinction between smoke and the smell of smoke. If what you’re smelling isn’t smoke, what is it?

 

[barkley]

I’m a bit confused by people making a distinction between smoke and the smell of smoke. If what you’re smelling isn’t smoke, what is it?

no sure about in the context of this discussion but the whole 'smell' concept in the laws i mentioned for our state were spec. written to not say 'smoke' b/c of the popularity of vape products which emit no smoke at all.

 

[sam_gordon]

I’m a bit confused by people making a distinction between smoke and the smell of smoke. If what you’re smelling isn’t smoke, what is it?

You can smell smoke, but not be able to "see" the smoke.