marijuana smoke

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Oregon: Odor of Marijuana Smoke From Neighbor's Apartment Not Legally Offensive, Court Rules

SmokingMarijuana[StuffByCher]

"We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage," the appeals court wrote. "Indeed, some people undoubtedly find the scent pleasing."

By Steve Elliott
Hemp News

The Oregon Court of Appeals on Wednesday refused to declare the smell of marijuana smoke drifting into neighbors' homes as "unpleasant."

The appeals court ruled that marijuana smoke isn't necessary offensive to all people, although rotten eggs or raw sewage are physically offensive odors to everyone, reports Aimee Green at The Oregonian.

"We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage," the appeals court wrote. "Indeed, some people undoubtedly find the scent pleasing."

With the appeals court ruling, recreational cannabis users in Oregon may rest assured that smoking weed at home shouldn't result in any law enforcement hassles.

The appeals court ruling came in the case of Jared William Lang, who was 34 in November 2012 when an officer with the Philomath Police Department came to his apartment after neighbors on both sides reported the smell of marijuana coming from his unit. One person claimed "that the smell was especially difficult for him because he was currently attending rehabilitation for drug use and the smell of marijuana was a 'trigger' for him," according to an appeals court summary.

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