Smelling your neighbor’s weed? Can you really call 911 in GA?
While it’s usually best to just mind our own business, sometimes it can be impossible, especially if you live with others nearby. When you can smell your neighbor’s marijuana smoke and a contact high is not your idea of a good time, you may feel compelled to do something.
Although Georgia passed the Georgia Smokefree Air Act, it doesn’t directly address marijuana. But the act does aim to regulate smoking in public places and workplaces. To be clear, recreational marijuana use is illegal in Georgia, and the only approved use is low-THC for some medical instances, any smoking is prohibited in any form.
That disclaimer aside, here’s what you can do if the smell of a neighbor’s pot smoke becomes a nuisance.
Take a kind approach
The most important thing to remember is that you will have to live with these people, so keeping the peace is best. Before you use a scorched earth tactic, consider being nice about it.
Talk to your neighbors and explain how the smoke is affecting you. They may not even realize they’re imposing.
Consider mediation. Introduction of a neutral third party could help move the situation to a mutually agreeable resolution.
Sic the HOA on them
This could be an option if you’ve tried to resolve it one-on-one and didn’t get anywhere, and you aren’t ready to involve law enforcement.
If you live in a community with a homeowners’ association, you can check the covenants, conditions and restrictions to see what is covered concerning smoke.
If the HOA documents have clear guidelines, there could be warnings issued, fines levied or privileges revoked.
There is legal recourse
If you’ve exhausted all the other options, and your neighbor persists, it might be time to escalate.
Because marijuana use is illegal in Georgia, involving law enforcement could be an option. However, the penalties for making a false or erroneous call to 911 could be classified as a misdemeanor.
Further, your neighbor could face some serious consequences as well.
Possession of less than an ounce is punishable by:
Up to one year in jail
Up to a $1,000 fine
Minimum six-month suspension of driver’s license
If you’d rather avoid involving police, you can take legal action in the form of a nuisance lawsuit.
Under Georgia law, a nuisance can be defined as “anything that causes hurt, inconvenience, or damage to another.” The inconvenience must be considered to affect an ordinary, reasonable person, not just someone with narrow taste or proclivities.
If just ignoring it is absolutely not working, you may have to take matters into your own hands, but having a beef with neighbors can become very inconvenient.
What would you do in this situation? Email me at srose@ledger-enquirer.com or find me on social media.
This story was originally published June 25, 2025 at 3:24 PM.
