Rant about my apartment complex's silly stance on cannabis.

[ShazzieB]

I live in a state where marijuana (both medicinal and recreational) is now 100% legal. We don't use it ourselves, but we fully support legalization, and others can use it all they want, as far as we're concerned.

Unfortunately, the company that owns and manages our apartment complex has taken a different stance. We and the other residents of our building (6 apartments in all) have received several form letters over the past few months stating that they have received repeated reports from some unidentified person or persons of a smell of marijuana in the common areas of our building . Furthermore, they have informed us, the company follows federal law, not state law, and the use of marijuana is therefore forbidden anywhere on the property.

As this has been going on for a while now, the letters have gotten more strident, and this latest letter is threatening to inspect all the units in our building if the smell persists/continues. They also stated that "neighbors" have been instructed to call the police (in a state, remember, where the stuff is fully legal) if it continues.

This is really starting to annoy me almost enough to drive over to the nearest dispensary and buy some weed to smoke. Not quite annoyed enough to do that, because that could get us evicted, and I'd really like to stay here for a while yet, but annoyed ¹⅘d enough to fantasize about it.

I just resent the idea of being nagged and now threatened, just because someone may have used a substance that is fully legal in this state, somewhere in this building, at some point. I'm also baffled, because my husband and I haven't smelled a darned thing.

I sent an email response to this last letter saying that we don't use marijuana or any recreational drugs, we don't smoke anything (even tobacco), and we have never smelled weed in the building ourselves. I don't really expect it to make a difference, but I wanted to go on record on all of the above. What I did NOT say is that I don't personally give a flying fig if anyone in this building is smoking weed, and I probably wouldn't tattle to the management if I did smell it.

Is this situation as ridiculous as I think it is? I realize that the management company has the right to make rules about what's allowed on their property, but this seems incredibly petty to me, especially the bit about calling the police on someone for using a substance that is LEGAL in this state.

I just wish the federal government would get its head out of its ass about cannabis and make it legal across the board already.

[SoCalDavidS]

1. So If Someone In The Building Was Smoking Tobacco, That Would Be O.K.?

If that's the case, then someone is obviously being an Asshole, assuming that someone is legitimately complaining about smelling pot

Otherwise it may be an attempt to harass the tenants, and perhaps do what I assume would be an illegal search of all the units. They don't have the right to do that, do they?

[ShazzieB]

2. Yes, tobacco is allowed.

There are smoke free buildings in the complex, but this isn't one of them.

I don't know if searching all the units would be legal or not, but I intend to find out.

[orleans]

5. that would really piss me off

who are they planning to send to do the "search?" & what is their criminal background?

i'm guessing they are bluffing. (or do they really want to go through underwear drawers & the medicine cabinet & look under the bed and mattress?)

does the lease say they can have access to your apartment on a quest to do an illegal substance raid?

what a bunch of b.s.

i wonder if you could get a restraining order against this crap?

good luck

[MichMan]

15. People are allowed to smoke cigarettes in the common areas?

I'm surprised they would allow that

[ShazzieB]

19. I don't recall whether there's a specific rule about that.

But it's rare for that to happen. If it was a regular or even semi-regular) occurrence, I would definitely not be a happy camper.

[TomSlick]

55. Check your lease.

If the landlord retains a right to inspect the leased property, it will be in the lease. Such a provision is not uncommon, if rarely used.

[KS Toronado]

4. I smell a reQublican asshole in the office.

[Duppers]

6. Bingo.

[SheltieLover]

13. My 1st thought!

[multigraincracker]

7. You may want to inform management.

FDA Regulation of Cannabis and Cannabis-Derived Products: Q&A
These changes include removing hemp from the CSA, which means that cannabis plants and derivatives that contain no more than 0.3 percent THC on a dry weight basis are no longer controlled…

This smokable CBD flower is available on line to purchase, looks and smells the same.

Let them know they may be looking at a law suit for damages if they screw up.

I'd contact a lawyer about it.

[regnaD kciN]

37. That might take away their "we follow federal law" rationale...

…but, as far as I know, rental property owners can impose any regulations they want, even beyond the law. “No pets” policies are a prime example.

[BigmanPigman]

8. This sounds awfully illegal to me.

I wish I were a lawyer who knew the rules and regulations.

I live in a complex that had 3 assholes about 10 years ago and they were telling everyone what to do (like not wearing high heals in the morning in the courtyard...too noisy). They made an older neighbor keep her door closed since they were offended by the tobacco smoke that must have wafted out into the courtyard but I smoke pot at night and you can smell it if windows are open but I didn't get any complaints. Your owners sound like the ones here, they pick and choose who they harass.

[FBaggins]

9. It isn't - so long as the restriction is in the lease

Landlords can forbid smoking tobacco too if they choose.

Presumably, this restricts the units' appeal to some potential renters and enhances it for others.

[ProfessorGAC]

49. The Building Where My Wife's Friend Lives...

...has that specified in the lease.
No smoking anywhere in the building.
They're not even supposed to light candles.
My wife could never live in a place like that.
But, her friend & her husband follow them to the letter. They like it there & are willing to play by the rules.

[BigmanPigman]

54. Not light candles?

What is the reasoning behind this? Are they afraid of fires? Do they allow you to cook in your own kitchen?

[ProfessorGAC]

56. Not Sure

Just what she told my wife.
They're not candle people anyway, so she thinks nothing of it.
Couldn't begin to guess why that have that rule.
Seems silly to me, too. I added it to amplify how strict a lease can be.

[Zeitghost]

53. Completely legal

Remember it is still illegal everywhere in the US, no matter what state laws say.

A landlord requiring tenants to follow the law seems reasonable to me, despite my feelings on marijuana laws.



I'd also support making any multifamily housing unit smoke free. It's a health issue at that point.

[Iris]

10. They are being stupid. But I will say after my city decriminalized weed,

I've grown to really hate the smelll, which I mostly experience coming from other cars. It's gotten to the point where I get sick to my stomach when I smell it.

Your property manager could have handled this a lot betttef though - maybe designating certain areas for smoking.

That said, it seems like edibles would be more neighborly .

[beaglelover]

28. I'm with you. The smell of weed is sickening.

And it pisses me off to no end to see huge clouds of weed smoke coming out of a driver's window. How is that legal. Can I drive around while taking gulps from a Chardonnay bottle. I think not.

A couple of years ago I was in an accident where someone made a left in front of me. The other driver absolutely wreaked of pot smoke and it was 8 a.m.

[Niagara]

33. I liked the way weed smelled when I was younger.

It was sweet smelling and kind of reminded me of getting a brand new cassette album.



The weed today smells awful, I believe it's called skunk cabbage or skunk weed, It literally smells like a skunk.


I believe the awful smelling skunk weed is a different strain then when I was younger, most likely cheaper too.

[ShazzieB]

43. Well, this just prove I haven't smelled weed in a long time, lol!

I was not aware of this. If I ever did smell it, I'm sure I wouldn't like it.

[Niagara]

50. I had to ask someone what kind of weed that we had back then.

They said it was either a kush or a haze strain.



Today, I don't need weed to feel stoned since I feel stoned 24/7 without it, lol.

[ecstatic]

64. Yeah, I would be super annoyed

If I had to smell that all the time. I don't like smoke of any kind.

[sl8]

11. It's not "fully legal" or "100% legal" if it's against federal law.

I understand your frustation, but if an activity breaks federal law it's not "fully legal", even if it's a federal law we don't happen to agree with.

[Renew Deal]

12. It's probably bad for the people that smell it.

That goes for tobacco too. It stinks.

[Blues Heron]

14. Sounds like the building has a ventilation problem

If the tenants would use exhaust fans and the building had proper ventilation it wouldnt be such a problem.

[MichMan]

16. Sounds like the building has a tenant problem

With pot smokets not being respectful of others.

[Blues Heron]

17. it wouldnt be a problem with proper ventilation

They can call the cops all day long, but they have actual crimes to deal with , not smell complaints. Thats what this falls under now. Kind of like cooking with fish sauce and garlic - use a fan please!!

[MichMan]

26. Apartment complex should upgrade the ventilation units in all units and common areas

Then they can raise rents by 25 % on everyone to pay for the costs

[Blues Heron]

29. more like a couple of fans would do the trick

under $100. Every apt could have a dual window fan for $40 each.

In general - you are responsible for your own ventilation. Complaining about smells is never going to be effective.

Reversible fans are cheap and effective.

[milestogo]

18. Smoking is smoking.

Cigarette smoke and the smell of weed trigger my migraines.

If I moved into a building that I believed to be smoke free, and it turned out not to be, I'd complain loudly and often.

Same goes for hotel rooms. I can't sleep in a room that somebody has smoked in.

If I moved into a building that wasn't smoke free, I have no business complaining.

[Johnny2X2X]

20. What about grilling fish?

So this is akin to some neighbor grilling fish or some other very fragrant food that stinks up the whole apartment complex. The weed people smoke today is incredibly pungent. Not everyone enjoys the smell and it's kind of rude to not contain or filter the smell, but nothing more than that, it's not illegal and shouldn't be.

Privately owned apartments can set their own terms for weed smoking, but it should be in the lease, is it?

[MichMan]

21. A lease cannot be construed to cover any potential issue that could ever happen

Remember Seinfeld when George had sex on his desk at work with the cleaning lady.

" Is that wrong? When I hired in, no one ever said anything about that type of thing not being allowed"

[haele]

22. Sounds like a tenant fued.

One tenant or the onsite manager is looking to find a reason to get another tenant evicted and came up with that reason. If pot is legal, the police are not going to come out unless there's a safety issue.
Now, they just have to figure out how hang the pot smoking on the tenant they want to get rid of.

Haele

[Mosby]

23. Info

https://www.american-apartment-owners-association.org/property-management/landlord-quick-tips/tenant-rights-to-smoke-cigarettes-or-marijuana-in-rental-units

[ShazzieB]

25. Thanks for the informative link!

[jcgoldie]

24. I don't think people should be smoking in a shared residential building

I am a big proponent of cannabis. I have been growing it for nearly 20 years since before it was legal anywhere. I grow it in the basement and outside in the summertime. I make gummies and cookies and my wife smokes pinch hitters a couple times a week. That said, I think if people want to smoke they should do it outside. If that's not possible, then here are many other ways to consume the stuff that would alert no-one at all.

[ShazzieB]

27. It's not allowed inside or outside in this complex.

Last edited Tue Feb 21, 2023, 06:03 PM - Edit history (1)

Not allowed on the property at all. I'm pretty sure it's in the lease. I need to dig it out and look. (Rules against things I don't do tend not to stuck in my mind. )

[MichMan]

57. Now I'm really confused by your OP

If it isn't allowed per the lease, what is the basis for your outrage that they don't want to allow it?

[ShazzieB]

61. I'm not outraged that they don't allow weed here.

I just resent the fact that that they're threatening to turn the lives of 6 households, including ours, upside down over this.

The rule against weed doesn't affect me one way or another. Neither does a possibly nonexistent smell that someone claims to have detected. Threatening to inspect our apartment when they have no evidence that we have anything to do with the purported smell DOES affect me.

All this hooha over a smell that might be a figment of somebody's imagination for all I know seems way over the top to me. That's why I'm so annoyed. Sorry for not making myself clearer.

[BlackSkimmer]

30. I feel the same.

I could never live in an apartment complex, and I don't want to smell anyone's smoke.

Gummies are great!

[ripcord]

31. Time to break out the vapes, pot smell does reak

My family doesn't like the smell so whenever I am around them I choose to vape so as not to be offensive.

[womanofthehills]

32. Many people are very allergic to smoke

Smoking anything in a common area is not cool.

[GusBob]

34. I for one, hate that smell

makes me violently ill. I would complain if I lived there, and folks would too from the smell of my puke

Not a big fan of pot heads myself, find myself getting sick to my stomach 2-3 times a week now

[maxsolomon]

39. Seriously, you vomit when you smell Cannabis?

Every time? Or occasionally, when you also have a Stomach Flu?

You probably shouldn't move to Seattle...

[GusBob]

42. Its worse here

Heavy drug use of all kinds. Pot is legal in the state but illegal on the Rez
and I work closely with folks. If someone smoked in their car and have that heavy resin smell, I gag. Happens almost every day, this time of year especially. Sometimes our whole waiting area is on "contact buzz alert"
Since its full out winter, nobody is puffing up outdoors and the heavy users stink like old bong water

Yuck, not a big fan of pot heads

[maxsolomon]

48. Hang in there.

I'm a long-time user, but more like 1 toke after dinner.

I also wash my clothes.

[Happy Hoosier]

35. Well...

Weed fuckin' stinks.

I don't care if anyone likes it and uses it. Really I don't. But it fucking REEKS, and if I had to smell it on the reg'lar where I live, it would piss me off. And I seem to be able to detect it (and feel grossed out) when others can't.

Maybe you haven't smelled it. Fine. Whatevs.

But it's also true that the aprtment complex can prohibit certain behaviors, despite those behaviors being legal. I fully support their right to prohibit smoking. Or certain pets. Or having guns on property.

Anyone who wants to smoke weed is free to find someplace else to do it.

Just sayin'.

[inthewind21]

36. You don't

happen to live in Northern Nevada do you? And yes, it's asinine. Call the police? Yeah, they won't come. Eviction? Check you lease, see if thee is anything about it there. And search EVERYONE. Yeah, not 100% sure but I don't think that's legal. Again, check your lease.

[ShazzieB]

44. I live in Illinois.

[ZonkerHarris]

38. I would ask management to show me the laws that make the apt a federal property.

[former9thward]

41. Federal laws apply anywhere in the U.S.

They do not stop at your doorway.

[maxsolomon]

40. I'm amazed you live in a building where smoking tobacco is allowed.

To inspect a unit, you need to give 48 hour notice. More than enough time to stash the bong.

[MichMan]

58. According to the OP in post #27, the lease prohibits smoking on the property

[maxsolomon]

59. Post #2:

Yes, tobacco is allowed.

There are smoke free buildings in the complex, but this isn't one of them.

[MichMan]

60. Which is it I wonder?

# 27 Not allowed on the property at all. I'm pretty sure it's in the lease. I need to dig it out and look. (Rules against things I don't do tend not to stuck in my mind. )

[brooklynite]

45. How do you feel about cigarette smoke?

Also legal, but some people are sensitive to cigarette smoke, and some landlords don't want the smoke infusing the property.

[ShazzieB]

47. I hate cigarette smoke.

I probably wouldn't like weed, either, if I did smell it, but I haven't smelled either one.

That's why this feels like a tempest in a teapot to me. All this brouhaha over something I've never even smelled a trace of just seems over the top.

My theory is that if someone really is smoking weed here, it must be in one of the upstairs units. There are 2 floors with 3 apartments on each one. We're on the ground floor, with an apartment on each side of us. Surely if someone was smoking weed in either of the other first floor units, we'd notice something. The purported potheads have got to be upstairs, imo.

[Emile]

46. The company that owns and manages the apartment complex are fascist.

[Texasgal]

51. I would think

this type of language would need to be in your lease agreement?

[Ms. Toad]

52. Marijuana is NOT fully legal in ANY state.

In fact, it is not legal at all, even for medicinal use. Its use may not be prohibited by the laws of your state, but federal law supersedes state law as to marijuana use. So users (and potentially landlords who permit use) are always subject to prosecution under applicable federal law.

Is the federal government going to go after your neighbors or landlord? Almost certainly not. There isn't enough funding to prosecute all federal crimes, so all administrations have to pick and choose which laws they are going to proactively enforce. This administration, at least, has signaled it is not going to spend prosecutorial resources on personal use of marijuana.

That said, if I lived in an apartment building in which marijuana odors permeated public spaces, or went through the ventilation system to my apartment from other spaces, you can bet I would expect the landlord to address the matter - just as I would if there was smoke from tobacco in the same spaces. Or animal odors. Or anything else I choose not to have in my space (or to have to walk through to get to my space). And if I was a landlord, and the complaint was about marijuana, I'd probably reference federal law.

Whether you agree with the law, or not, it is still the law.

[RandiFan1290]

62. Here is a notice I found in West Palm Beach, FL. not too long ago.

[Earth-shine]

63. I wonder if it's just a ruse to inspect people's apartments for billable violations.