What can you do if you smell your neighbor’s pot smoke? Can you call 911 in Georgia?
Good fences make good neighbors, or so they say. But what happens when the problem is the smell of marijuana smoke and it wafts over your fence and into your yard?
If your neighbors imbibe in marijuana and the smoke is making its way into your vicinity, there are some things you can do. 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.
There is legal recourse
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.
Sic the HOA on them
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.
Take a kinder approach
Talk to your neighbors and explain how the smoke is affecting you. They may not even realize.
Consider mediation. Introduction of a neutral third party could help move the situation to a mutually agreeable resolution.
With marijuana reforms on the inevitable horizon, the issue will likely become more complicated. Seeking an amicable resolution could go a long way to keep the peace as the local ordinances are settled.
This story was originally published August 29, 2024 at 3:18 PM.
