Cloud of controversy: Can my neighbor blow pot smoke onto my Washington state property?

While Washington has had legalized recreational cannabis for over 10 years, there are still regulations for partaking in green in the Evergreen State.

The Revised Code of Washington prohibits public consumption, which includes cannabis. This means you can’t walk down the street smoking a joint, or light up in a public park.

When on private property, the regulations are up to the property owner. Landowners are entitled to ban cannabis if they’d like to, so businesses and organizations, even when outdoors, will all have their own policies. Landlords have the right to impose smoking rules, inside, outside, restricted areas, etc.

Whether for religious reasons, health reasons, or any array of theories, like those presented during the Pasco City Council dispensary discussions, many people in the state are still against cannabis use. These folks may prohibit cannabis use on their land. Regardless of their reasoning, you cannot smoke pot on their property once a ban has been established.

But all regulations mostly deal with the consumption of pot, not the puffs of smoke that often follow. Here’s what the law in Washington says.

WA protections from pot-smoking neighbors

So, if your neighbor is blowing smoke onto your property, can you get them to stop?

The biggest factor influencing the answer will be the kind of property you’re both in. If you’re in a rented space, you can involve the landlord. If they’re on private property, and you’re on private property, it may be hard to force compliance.

The first step you should take is amicable resolution. Talk with your neighbor, or send them a note, email or text. Kindly explain that smoke is blown onto your property, and why it’s an issue for you. Ask if there is another way or place they can consume cannabis as a compromise. Include that you are willing to talk it out further and are open to coming to an agreement with them.

If efforts to come to an understanding are fruitless, there are mediation options you can pursue. If you both live in a shared community, like a duplex or an HOA, you can ask that a landlord or board member mediates the situation. Alternatively, the not-for-profit Dispute Resolution Center of Tri-Cities can offer professional mediation at low costs. In fact, most counties in Washington have disputes resolution options.

If you are living in an area that is designated as non-smoking, but the landlord doesn’t enforce the policy, you can seek resources through the Tenants Union of Washington State.

If the conflict continues, there is a possibility you may be able to take legal action. This should be a last resort, and will likely be hard to prove. If there are verifiable damages caused by the smoke, you can claim “private nuisance.”

WA protections for pot smokers

If you’re smoking in your backyard, and a neighbor tells you to stop, do you have to?

Not necessarily, but you should be mindful in order to prevent further problems, or possible legal action. Especially if there is a family with children next to you, a claim about health damages could warrant a no-smoking policy — even for medical use.

This means that while cannabis consumption is illegal in the public view, it is not a guaranteed right to smoke in private, either. Being mindful of where your smoke goes and who it affects can keep away further complications.

This story was originally published September 15, 2023 at 11:35 AM with the headline "Cloud of controversy: Can my neighbor blow pot smoke onto my Washington state property?."