Smelling your neighbor’s weed? Can you really call 911 in OH?
While it’s usually best to just mind our own business, sometimes it can be impossible, especially if you live with others nearby. When you can smell your neighbor’s marijuana smoke and a contact high is not your idea of a good time, you may feel compelled to do something.
Approximately 14.4% of Ohio adults reported cannabis use in the past 30 days and since recreational marijuana use is legal, you may have to take legal action in the form of a nuisance lawsuit.
That disclaimer aside, here’s what you can do if the smell of a neighbor’s pot smoke becomes a problem.
Take a kind approach
The most important thing to remember is that you will have to live with these people, so keeping the peace is best. Before you use a scorched earth tactic, consider being nice about it.
Talk to your neighbors and explain how the smoke is affecting you. They may not even realize they’re imposing.
Consider mediation. Introduction of a neutral third party could help move the situation to a mutually agreeable resolution.
Sue ‘em
Some cities in Ohio may have specific laws regarding nuisance odors or smoking in outdoor spaces. The Ohio Administrative Code (Rule 3745-15-07) prohibits emissions “that endangers public health, safety or welfare, or causes unreasonable injury or damage to property.”
This means you may have a case against your neighbor if these conditions are met:
If the smoke unreasonably interferes with your use and enjoyment of your property
There is proof of harm beyond mere offense at the smell to consider it a nuisance
Sic the HOA on them
If you live in a community with a homeowners’ association, you can check the covenants, conditions and restrictions to see what is covered concerning smoke.
If the HOA documents have clear guidelines, there could be warnings issues, fines levied or privileges revoked.
If just ignoring it is absolutely not working, you may have to take matters into your own hands, but having a beef with neighbors can become very inconvenient.
What would you do in this situation? Email me at srose@ledger-enquirer.com or find me on social media.