ROCKFORD, Ill. (WTVO) — Many states have legalized recreational marijuana, but it is generally limited for use out of the general public’s view.
This means that people can really only do it in a private residence, such as their own home or someone else’s. However, can the cops be called if a neighbor is seen smoking weed?
While it might be legal at the state level, homeowner’s associations might have a different opinion, according to Harris Bricken Law. They cannot ban marijuana smoking in a person’s home if it is legal, but they can get involved in certain states if it is becoming a nuisance for others.
Most HOA rules address using marijuana in common areas. This includes when the smell of the smoke wafts from the neighbor’s yard into these common areas, or into another person’s space. Even if it is legal, the HOA might try to ban it these instances since it is affecting others.
There are certain instances when a person has the right to file a complaint, according to DoNotPay.
These include, as mentioned above, if the smoke is reaching another person’s property. Complaints can also be filed if a child is being exposed to the smoke or if the group smoking the marijuana might be involved in illegal activities.
It is recommended that residents talk to their neighbors first before taking legal action. If legal action is required, the residents must make sure that they can provide evidence before contacting the police.