Marijuana users in Oregon can rest assured that their smoke is not cause for the police to come knocking on their door. On August 19th, 2015 the Oregon Court of Appeals ruled that the smell of marijuana coming from someone’s residence is not a “physically offensive condition.”
The court could not compare the odor of marijuana to the order of garbage or other fowl smells. “Indeed, some people undoubtedly find the scent pleasing”.
The court also dove into the very definition of what constitutes an “offensive odor”. They talked about how perfume or strong spices could offend some people while others prefer them. There is also a time and place for certain smells. “A reasonable person might not be offended by the smell of animal manure in a livestock barn at a county fair but would find the same smell offensive in a restaurant.”
The case was brought up by a conflict between an Oregonian and his neighbors. The neighbors complained of marijuana smoke coming from his apartment and called the police. The police obtained a warrant to search the man’s place and found spray paint and stencils for graffiti. The man was convicted of three counts of second-degree criminal mischief, was fined $440 and sentenced to several months in jail.
The man then appealed the decision saying the warrant was unjust in the first place. This is where the case went to the Oregon Court of Appeals where they ruled in his favor.
Read the court case here.
Or more about the case here.