Smoking In My Own House With The Windows Open?

[missmountpleasant]

I live in a duplex and a police officer just moved next door to me. I am a legal patient, don't grow, and only smoke by myself in my house. My question is: it's legal to have my windows open when I smoke, right? 

[missmountpleasant]

Forgot to add that the lease says nothing about smoking, or maintaining a pleasant peaceful environment or anything of the sort that they could twist around to say my smoking violates.

 

However a couple months after moving in I got a mass email from the landlord reminding us that smoking isn't allowed in their buildings and asking us to smoke at least 15 feet away from the buildings... but if they neglect to mention smoking in the lease that's just a request and not a demand, legally, right?

[abe supercro]

who knows maybe the officer uses the same brand of rolling papers as you. normally I wldnt advise this, but just talk to your new neighbor if smoking w the window open is so important. you sure can't do it outside.

[t-pain]

start vaping and enjoy the popcorn smell?

 

if you smoke and the landlord says no, well, the landlord can refuse to rent to you or some moo poo.

 

welcome to america.

[t-pain]

its legal to smoke on private property.

 

can smoke on your private property yard too.

but dont worry, the legislators are trying to ban smoking on private property if the landlord bans it.

[mrd]

start vaping and enjoy the popcorn smell? if you smoke and the landlord says no, well, the landlord can refuse to rent to you or some moo poo. welcome to america.

This is sensible. Also get one of those hepa filter air filtration devices. Perhaps you can find a used one. Get one with a permanent filter. That way you only have to replace the activated charcoal aspect while simply washing the filter. You could medicate with the windows closed. with the filter running. Then when things are good. Open the windows and relax. but if you decide to go the vape route. Go to a friends place vap there and then have a non smoker go to approx where your neighbor would be and let them see if they smell something. Legal or not there is no need to go looking for trouble. Trouble will find you. Also Facebook the guy and see if you get any clues . Like being a DARE member etc. You might be right but anytime you need a lawyer your life is more complicated than you want. Most of the time it sucks. 

[missmountpleasant]

If the landlord declines to rent to me again after my lease is up, that's his right and I'm cool with finding somewhere else to live. It just goes against my inner nature to knock on The Police's door and ask him his opinion on the smell of my dawn til dusk bongsmoking. Of course he's going to disagree with it, but I haven't been able to find info thus far online regarding weather it's my right to have my windows open or if being on the ground floor it then becomes smoking in public if someone is walking by and can smell it?
 

[AbominableDro-Man]

It certainly isn't smoking in public at that point, you're still in your private residence by all means. The fact that you choose to aerate by opening your windows could almost be viewed as a more responsible thing to do, after all, I'm sure  that said landlord wouldn't want the apartment to rank of the dank post moving. That being said, if the landlord does specifically talk to you about the smoking issue, I'm sure if you were to speak to said landlord he/she may be more willing to omit you from smoking outside. I'm sure they probably don't want folks driving by or casually walking by with you sitting out at the corner, bong in tow. 

[t-pain]

there is a legal question about smoking in a lobby or hallway, as that might be in 'public'. but inside your room is private property. even inside your car is private property. although i wouldnt recommend smoking in a car for various reasons. 

 

i dont think there has been any high profile cases about smoking in public yet. so yeah even sticking your head out a window, thats still private property. this was argued in colorado already, in denver they wanted to make an ordinance that said you couldnt smoke in your yard if people could see or smell you. obviously it was defeated , but it shows you that in colorado 'in public' smoking is banned, but if you are on your property, even in view of the public, you are still on private property, no matter how many people are watching you.

 

i guess its the same if you are undressing in your house and someone peeps you through a window.

 

 

 

the thing is about being reasonable. you dont want people to get second-hand bong smoke.

f someone smells it, probably will call the cops, and the cops will show up askin questions. tell em you got a card, should leave you alone. well thats how its supposed to work.

Edited April 21, 2014 by t-pain

[trichcycler]

of course its legal, but not sensible. I would never smoke within detectable limits of anyone else I don't know. especially a cop. You'll end up being one of those guys blowing smoke up a cops azz, and they don't like that generally. stay secret, stay sensible.

[bobandtorey]

http://www.onmedicalmarijuana.com/people-v-brown/

 

i hope this ruling will help

[PFC Stone]

I am a relatively new card holder as well as new here at MMMA. The treasure trove of information and common-sense practices found here are greatly appreciated!

[trichcycler]

It seems (lack of) heeding common sense plays a bigger role in marijuana prosecutions than ignoring the easily digested rules in the Act imo.  

I wonder if anyone has compiled data on this. For instance maybe the patients seeking carnival doctor recommendations are more likely to

fail in our Act, and find themselves in a court room, compared to legitimate recommendations suggested by those who don't ?

 

be safe

[bobandtorey]

Thanks

 

Not to disagree with anyone but who has the say if it's a legitimate recommendation or not if said persons is sick and has lots of medical records then End of story ?

[Mickeydee]

Smell is probable cause for a search warrant....Cannabis is illegal in Michigan.  I'd say keep the smell to yourself or dont be surprised if your door gets kicked in.  Sure you can try and prove you were legal.....later.  IMHO

[trichcycler]

A neighbor has the right to not inhale any of our medicine. The residence is NOT the ops own. It is rented, and subject to different rules of occupancy. A police officer, if insulted, can and will put an end to the activity, especially when the landlord mentions it to him.

 

It is legal to medicate, until it violates another persons rights. We need to keep in mind that not all people have activated CBD receptors, and respect their rights too.

 

I will not support the op financially if he/she decides to smoke with the windows open once more. Not that its wrong, or makes a bad person, but I wont contribute to the attorney fees, just sayin'.

Edited April 21, 2014 by grassmatch

[bobandtorey]

Smell is probable cause for a search warrant....Cannabis is illegal in Michigan.  I'd say keep the smell to yourself or dont be surprised if your door gets kicked in.  Sure you can try and prove you were legal.....later.  IMHO

True

 

But i have heard many Lawyers say that smell alone isn't  no longer grounds for a search warrant 

[knucklehead bob]

True

 

But i have heard many Lawyers say that smell alone isn't  no longer grounds for a search warrant 

Tell that to the man standing over your door with a battering ram and he will make sure to tell the Judge . . . . .

[abe supercro]

op already said she is a non-growing renter patient who has her card and willing to relocate if need be. leo can come over to ask for a bowl of sugar... is about it. screw being all secretive in a situation where it shant matter. discretion is nice, freedom is even nicer. you remember freedom without worry? Nope, that was another country... sorry my bad.

Edited April 21, 2014 by abe supercro

[Chauncy Gardner]

I hear this works:

 

Put a couple of dryer sheets in the end of a paper towel/toilet paper cardboard roll and blow the smoke through that. Supposedly emits no smell when you blow the smoke through it.

[abe supercro]

^^ read 'sensible' post.

 

i live two doors dwn from an FBI agent, perhaps one day i can help him. tell ya what tho, the guy's been a nuisance firing off all kinds of personal fire arms... but I guess he can do as he pleases within reason. lol

[trichcycler]

that only works in the dormitory silly

I hear this works:

 

Put a couple of dryer sheets in the end of a paper towel/toilet paper cardboard roll and blow the smoke through that. Supposedly emits no smell when you blow the smoke through it.

[phaquetoo]

Your neighbor is a cop lmao!  was he there before you moved in? bawahahahahaha!

 

Ok Ok im done laughing at ya,  well being raised by a cop I may have a lil dif approach to a neighbor in a duplex with me, when I lived in a duplex it was basicly 2 ranch homes connected, our walls were block cement all the way from the basement to the top of the wall!  I would most def make a point of meeting the neighbor, it is probably obvious he is a cop ( he may come home for lunch or coffe in his patrol car) If I seen him out side, I would have to talk to him like I would any neighbor, and as time went by Im sure you will have a right moment to bring up mm and ask what he thinks of it!  Im not saying to tell him you are a pt or do it your self just yet!  If I thought I was going to be living there for a while I would have to have the mm talk with him, go out and talk to him while he is having a beer or muscle head drink lol!

 

as for your land lord, read your lease well, if it doesnt say no smoking on the lease well screw the land lords email, it wont hold in court (the email) your lease is the signed agreement between you and the landlord, and remember renters do have more rights than land lords,,I was the renter from hell if my landlord messed with me, and I made it almost impossible for them to get me out w/o it costing them more than it was worth lol!  and I dont mean any kinda damage to the property!

 

when cops are not in uniform and are at home they usualy are alot dif than at work, I dont know what county you are in or what kinda cop you live next to, deputy, city cop, state boy, or just a lil ole twp cop, (not including clinton twp phaqs) I personaly grew up smoking weed with cops, but them cops have been retired since the mid 80's now lol!

 

I would have to talk to the cop, before I kept bonging with the window open, he can most def make your life hard if he wanted to!

 

Peace

[trichcycler]

plus, he probably already knows its you stinking up the joint, and encouraged the landlord to email you......

take advice from smokers who have never been evicted, or had police issues, and they will tell you that avoidance is your best policy.

[abe supercro]

No Phaque the agent wasn't here when I moved here! i did buy a nu 12 pk. of underwear, a few yrs back, when I heard who purchased the nicest hse in block though. The family before use to crank pink floyd through the woods, new agent man has arsenal and bunker. he cleared the background-check so no sweat...