What can you do if you smell your neighbor’s pot smoke? Can you call 911 in Ohio?
Good fences make good neighbors, or so they say. But what happens when the problem is the smell of marijuana smoke and it wafts over your fence and into your yard?
If your neighbors imbibe in marijuana and the smoke is making its way into your vicinity, there are some things you can do.
To be clear, recreational marijuana use is legal in Ohio, so your legal recourse may be limited.
That disclaimer aside, here’s what you can do if the smell of a neighbor’s pot smoke becomes a problem.
If you’d rather avoid involving police, you can take legal action in the form of a nuisance lawsuit.
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.
Take a kinder approach
Talk to your neighbors and explain how the smoke is affecting you. They may not even realize.
Consider mediation. Introduction of a neutral third party could help move the situation to a mutually agreeable resolution.