Marijuana and Laws in California

Enforcement under the Nuisance Provision of the CC&Rs.
Secondhand smoke can cause serious health problems in children and adults.
Is it legal to completely prohibit smoking in an apartment building or condo complex?
Smoke can easily seep into other apartments in multi-unit buildings – through walls, doors, electrical outlets, and ventilation systems. There is no way to eliminate this exposure. Not only is the smell annoying, but secondhand smoke also affects many parts of the human body in children and adults.

California law recognizes two types of nuisances: (1) a private nuisance, and (2) a public nuisance. A private nuisance affects one or a few property owners. A public nuisance affects an entire community or neighborhood. A nuisance is “anything that is injurious to health . . . or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.” [California Civil Code § 3479.] To constitute a nuisance, the invasion of the owner’s interest in the use and enjoyment of his or her property must be substantial, based on proof of significant harm judged by an objective standard. [San Diego Gas & Electric Co. v. Superior Court (1996) 13 Cal.4th 893.] The legal test for determining whether an owner has suffered an unreasonable interference with the use and enjoyment of his or her property is whether the gravity of the harm outweighs the social utility of the offending conduct.

No public employee or member of the public shall smoke any tobacco product inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, or in a passenger vehicle, as defined by Section 465 of the Vehicle Code, owned by the state.
Many state and local laws prohibit smoking in workplaces and public spaces, and restrict or prohibit it in multiunit residential properties.
If your condo neighbor smokes, there are some steps you can take to avoid secondhand smoke seeping into your living space: Typically, marijuana, cigarette smoke, vaping any other kind too transferred from one unit to another through air vents, pipes, gaps in insulation, electrical outlets, ceiling fixtures, windows, and doors.
Your homeowner association has the legal ability to prohibit smoking in indoor and outdoor common areas of the condo complex and to restrict smoking in individual units.

Controlling secondhand smoke in the common area is supported by the typical nuisance provisions found in most CC&Rs. Secondhand smoke, whether cigarette, cigar, marijuana or otherwise, that drifts into other units, balconies, or common areas can be restricted by the association. Members have a right to the quiet enjoyment of their own units and don’t have to endure secondhand smoke of any kind wafting into their units; few people would question the validity of CC&R provisions that prohibit secondhand smoke.

An association’s authority to regulate the use of medical marijuana inside units is less clear. Health & Safety Code 11362.79 implies that smoking medical marijuana in one’s residence is allowed. As long as the smoke does not create a nuisance and provided the person has been authorized to use medical marijuana, smoking it in a unit is probably allowed under California law. As a result, a board might have better success regulating marijuana use by focusing on the secondhand smoke or nuisance aspects.

According to the U.S. Department of Health and Human Services CDC,” Studies show that older children whose parents smoke get sick more often. Their lungs grow less than children who do not breathe secondhand smoke, and they get more bronchitis and pneumonia.

Marijuana is illegal under federal law.

If you are smoking pot in a place where cigarette smoking is also illegal, you can be fined up to $250.
Secondhand marijuana smoke contains tetrahydrocannabinol (THC), the chemical responsible for most of marijuana’s psychological effects, and many of the same toxic chemicals in smoked tobacco.


The U.S. Food and Drug Administration (FDA)External has not recognized or approved the marijuana plant as medicine.


Because marijuana is often smoked, it can damage your lungs and cardiovascular system (e.g., heart and blood vessels). These and other damaging effects on the brain and body could make marijuana more harmful than helpful as medicine. Another problem with marijuana as a medicine is that the ingredients aren’t exactly the same from plant to plant. There’s no way to know what kind and how much of a chemical you’re getting.
Wheezing and coughing are more common in children who breathe secondhand smoke.
Secondhand smoke can trigger an asthma attack in a child. Children with asthma who are around secondhand smoke have more severe and frequent asthma attacks.”

 
 
 
 
 

          https://www.cdc.gov/tobacco/stateandcommunity/index.htm

 

 

What can you do about smoking neighbors Q and A?

Secondhand Smoke Protections Ordinance.


Exposure to Secondhand Smoke (SHS) is linked to many illnesses, including lung cancer and heart disease. Among children, SHS is also associated with serious respiratory problems, including asthma, pneumonia and bronchitis, sudden infant death syndrome, and low-birth weight. Protecting workers and the public from the effects of Secondhand Smoke or pot.
According to This law was passed based on scientific studies from CAL-EPA (California Environmental Protection Agency) and the Surgeon General’s Reports that clearly show that secondhand smoke is a health risk,”

NEW! Multi-unit housing in unincorporated areas Contra Costa is going smoke-free starting July 1, 2018.
NEW! Ordinance: Secondhand Smoke Protections Ordinance Contra Costa County Code Chapter 445.
Smoking (including the use of a hookah pipe, medical marijuana or electronic smoking device such as an e-cigarette) is prohibited in the following outdoor areas:
All areas within 20 feet of the doors, operable windows, air ducts and ventilation systems of any enclosed work site or enclosed places open to the public, except while passing on the way to another destination;
In outdoor dining areas at bars and restaurants (including outdoor dining areas at places of employment and in outdoor lounges);
On public trails and in public parks;
In service areas. (Service area means an area used to receive or wait for a service, enter a public place or make a transaction, including ATM’s, bank teller windows, ticket lines, bus stops and taxi stands);
In public event venues (such as stadiums, fairs, pavilions, farmers markets); and
On the campus of all County-owned or leased properties.

In Multi-Unit Housing Residences, smoking is prohibited:
NEW! In 100% of all dwelling units of multi-unit housing residences starting July 1, 2018 for new and renewing leases. All units, including owner-occupied, must be 100% smoke-free by July 1, 2019.
In common indoor and outdoor areas of multi-unit housing residences of 4 or more unit; and
On all balconies, patios, decks and carports for existing and new multi-unit housing.
All areas within 20 feet of doors, windows, air ducts and ventilation systems of multi-unit housing residences, except while walking from one destination to another.

Landlord Responsibilities:

NEW! Every lease and other rental agreement for the occupancy of a dwelling unit in a multi-unit residence that is entered into, renewed, or continued month-to-month must include that smoking is prohibited in all dwelling units starting July 1, 2018. *
NEW! Existing leases that specifically allow smoking must contain a clause stating that smoking is prohibited in all dwelling units when the lease is renewed or no later than July 1, 2019, whichever is earliest. *
This is a common misconception, even if it is in your own home you cannot commit any crimes or do anything illegal, and this includes smoking weed.
A Derbyshire police spokeswoman said: “The possession of cannabis is an offence and will be dealt with by police. We would encourage anyone who suspects drug activity in their community to contact us.”


Can your neighbours find out that you complained to the police?

The police won’t ever tell suspected house that they found out via a neighbour, they respect what issues that can arise from doing this. They won’t give away a caller’s identity, and won’t say it is a neighbour as it narrows it down.
Sometimes police on patrol who smell the cannabis themselves may knock on the door and approach the subject this way.

Any suggestion that it is legal because it is in your own house is just an urban myth.
The marijuana smoke and odor may still be a nuisance warranting a civil lawsuit. “Nuisance” is usually defined as “something that interferes with the use of property by being irritating, offensive, obstructive, or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant’s noxious odors to a neighbor’s dog barking.”
To prove that something is a private nuisance, you must show that the smoker has unreasonably interfered with your use and enjoyment of your property. The court will weigh the gravity of the harm to the utility of the conduct causing the harm. With both cigarette smoke and marijuana smoke.
Cities are drafting ordinances that make marijuana smoke that wafts over to a neighbor’s property a nuisance. If that is the case in your area, calling local law enforcement may lead to a citation against your neighbor.
It may also prove helpful, if you live in a subdivision, to become familiar with the Declaration of Covenants, Conditions, and Restrictions (“CC&Rs”), as this document may include restrictions on drifting smoke and odors. If that is the case, you should look into, by reviewing both the CC&Rs and bylaws, how to enforce the any such restriction.

Increasing the minimum sale age for tobacco products to 21 is an important.

Increasing the minimum sale age for tobacco products to 21 is an important strategy to reduce smoking and other tobacco use among youth and save lives. Raising the sale age to 21 complements other strategies to reduce tobacco use, including higher tobacco taxes, strong smoke-free laws that include all workplaces and public places, and well-funded, sustained tobacco prevention and cessation programs.


Last updated June 11, 2019

Recognize that your landlord or property management may not care about your health, but they probably do care very much about the safety of the building and their economic investment. A no-smoking policy is an easy change to carry out: a no-smoking clause can simply be added to all rental agreements, in most cases including existing leases. Then, inform all residents of the change prior to its implementation, and post clear signage. Violations are handled just like any other lease violation.
Property managers also may not be aware of the various legal protections afforded nonsmokers and the legal remedies that can be pursued by someone who is being impacted by secondhand smoke, especially by people who have breathing disabilities.

Smoking and Respiratory DiseaseSmoking can cause lung disease by damaging your airways and the small air sacs (alveoli) found in your lungs. Lung diseases caused by smoking include COPD, which includes emphysema and chronic bronchitis. … If you have asthma, tobacco smoke can trigger an attack or make an attack worse.

Marijuana: How Can It Affect Your Health?

The Negative Health Effects of Marijuana

Marijuana is the most commonly used illegal drug in the United States, with 37.6 million users in the past year,1 and marijuana use may have a wide range of health effects on the body and brain. Click on the sections below to learn more about how marijuana use can affect your health.ADDICTIONBRAIN, HEALTH CANCER, CHRONIC PAIN, HEART HEALTH,LUNG HEALTH,MENTAL HEALTH, POISONING, RISK OF USING OTHER DRUGS.

https://www.nolo.com/legal-encyclopedia/how-do-i-stop-neighbors-marijuana-smoke-from-drifting-into-my-child-s-bedroom.html

https://www.essexlive.news/news/essex-news/your-neighbours-smoking-cannabis-what-798274

https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/index.htm

https://cchealth.org/tobacco/secondhand-smoke/

https://www.tobaccofreekids.org/what-we-do/us/sale-age-21

https://smokefree.gov/quit-smoking/why-you-should-quit/health-effects

https://www.cdc.gov/marijuana/health-effects.html

https://www.verywellmind.com/the-health-effects-of-marijuana-67788