Relaxed pot laws have led to a backlash of complaints linked to the odor emitted from smoking and vaping. To date, 24 states have legalized or decriminalized marijuana and several others have made it available for medicinal use.
This issue is especially thorny in the multifamily market. For example, pungent cannabis odors led a woman in Washington, D.C. to sue a tenant who lived in a rental apartment adjoining her home for making her sick from the smoke, according to a Bloomberg report.
The case went to trial, and a judge ordered the tenant to refrain from smoking pot in his own home and within 25 feet of the woman’s residence. In many jurisdictions, weed cannot be smoked on public streets, sidewalks, and parks, but it is allowed in one’s home.
Nonetheless, complaints by those living in the same building or nearby are on the rise. In some cities, cannabis users have been flouting laws prohibiting public smoking, and enforcement is rare.
No clear policy has emerged to balance the legal rights of those wanting to light up with the concerns of those overwhelmed by the pungent odors of marijuana. It’s an issue that both governments and multifamily owners have to contend with where pot has been legalized.
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