Can I call the police on my neighbor for smoking weed? Here’s what WA law says

Recreational cannabis has been legal in Washington state for more than 10 years — but there are still restrictions on where you can use it.

Most of the time, the regulations relate to the act of consuming cannabis. What if you have a smoke trail complaint?

Can you call the police on your neighbor for blowing pot smoke in your yard?

Here’s what the law says:

Can I legally smoke cannabis at home in Washington State?

In Washington State, you are allowed to purchase, possess, and use cannabis products on private property as long as you are 21 years of age or older.

“You can use (cannabis) openly in a residence as long as the owner allows it,” according to a brochure produced by the Washington Liquor Control Board and its partners.

Landlords can impose indoor and outdoor smoking rules, and property owners are allowed to prohibit the consumption of cannabis on their property or building, according to the U.S. Department of Housing and Urban Development.

Where is it illegal to smoke weed in Washington State?

Public consumption of cannabis is prohibited in Washington State under the Revised Code of Washington.

That means you can’t smoke weed while sitting on the sidewalk, walking down the street, walking on a public trail, or sitting in a park.

You’re also not allowed to vape marijuana or eat edibles “in view of the general public or in a public place,” state law says.

Can I report my neighbor in Washington for smoking pot?

If your neighbor blows weed on your property, can you make them stop?

The biggest factor will be what kind of property you are both on.

If you catch a neighbor smoking marijuana on rental property, you can get the landlord involved.

If you and your neighbor are both on individually owned property, you may have difficulty restricting your use of cannabis.

Most apartment complexes in Washington state prohibit smoking in common areas, according to state law. You can report violations to your local public health department.

How can I get my neighbor to stop secondhand smoke?

Regardless of the property you live in, consider trying to reach an amicable solution with your neighbor before involving law enforcement or estate agents.

Get in touch with your neighbor and explain that the smoke is being blown into your house and why you have a problem with it. Clark County Public Health has a tenant toolkit for managing such scenarios.

You can ask your neighbor for a compromise and see if they are willing to use cannabis in a different place in their home to avoid blowing smoke onto your property.

Suggest that you are open to discussing further to come to an agreement together.

If that doesn’t work, try the mediation options. If you both live in a shared community, such as an apartment complex, duplex, or homeowner’s association, you can ask a board member or owner to help you mediate.

You can also contact your local dispute resolution center for professional mediation assistance at a low cost.

What can I do if I live in a non-smoking area?

If you live in a designated no-smoking area, but your landlord doesn’t enforce the policy, the Tenants Union of Washington State has resources.

If you live in an area that is not designated as smoke-free, you can inform the landlord that you feel affected by second-hand smoke and ask to be moved to a smoke-free area – or you can ask them to implement a no-smoking policy.

Clark County Public Health has a tenant toolkit for managing such scenarios.

Can I call the police on weed smoke? Sue?

If the conflict continues, you may be able to take legal action. This should be a last resort, as the negative effects of smoke will likely be difficult to demonstrate.

If you can prove that the smoke will damage property or endanger the “comfort, rest, health or safety of others,” you can claim it’s a “private nuisance.”

At that point, you may consider getting lawyers involved.

Can my neighbor force me to stop smoking pot?

If you live in an apartment or other shared space that you don’t own, your landlord is allowed to enforce a no-smoking policy if it’s in the lease.

However, if you’re smoking in your yard and a neighbor tells you to stop, you don’t necessarily have to.

However, you should keep an eye on your neighbor to prevent further problems or possible legal action.

Your neighbor might argue that the health effects of secondhand smoke justify a smoke-free policy—even if your cannabis use is for medical purposes.

Smoking in private is not a guaranteed right. Pay attention to where your smoke goes and who it affects to prevent further complications.

This article contains updated information from a previous article originally published in September 2023.