Neighbor's Marijuana Smoking Can Be Annoying To Some - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Neighbor's Marijuana Smoking Can Be Annoying To Some

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KENNEWICK, WA -  What do you do if you are annoyed by your neighbor smoking marijuana?

That is a complaint one of our viewers is dealing with. She said her neighbor smokes pot right outside his home and the smoke gets into her house. 

State law says you can smoke marijuana as long as it is in private. For example if someone were standing on their balcony and someone could walk by and see them standing there smoking, that would not be legal.

But say your neighbor is in their backyard and you cannot see them smoking but you can smell it and the smoke is coming onto your property, well then that is considered a public nuisance. 

Crime Prevention Specialist Mike Blatman explained police would probably respond in either case.
"We're going to respond, we're going to investigate it and then depending on the result of that investigation in some instances such as this it would probably be forwarded to the city attorney's office and they would make a charging review and decide whether or not a crime had been committed and then whether a summons will be issued for the person the complaint is about," said Blatman adding this is all on a case by case basis.
So even though smoking marijuana in private is legal if it is annoying a neighbor like loud music or a barking dog would they can still file a complaint with police as a public nuisance.