Marijuana smoke wafting into neighbors’ homes is not necessarily “unpleasant,” the Oregon Court of Appeals said yesterday. The appeals court ruled that although rotten eggs or raw sewage are “physically offensive” odors to all, marijuana smoke is not necessarily so, reports The Oregonian. “We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage. Indeed, some people undoubtedly find the scent pleasing,” the court wrote, in throwing out the second-degree criminal mischief convictions of Jared Lang, whose home was searched in 2012 because of the aroma of pot drifting from it.
The ruling is sure to strike a chord with Oregonians who involuntarily have become familiar with the smell of cannabis originating from neighboring houses or apartments, with the legalization of recreational marijuana on July 1. Given the appeals court ruling, recreational users may feel assured that smoking pot at home shouldn’t draw any hassles from police. One neighbor complained that Lang’s marijuana smoke “was especially difficult for him because he was currently attending rehabilitation for drug abuse and the smell of marijuana was a ‘trigger’ for him,” said the court. Neighbors said they smelled pot coming from Lang’s unit two to three times per a week.