AZHOC - Arizona Homeowners Coalition
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Marijuana use on townhouse patio

I own a unit in a townhouse and have renters next door that smokes marijuana, that smells like skunk, out on their patio which makes being outside almost impossible and if windows are open will waft indoors. This has been brought to the attention of management and to contact the landlord to determine if is for medical use or recreational they advise there is nothing that can be done since it is on their private patio. I would like to know if there is anything that address this issue and if the management company is correct.

2 Responses

  1. Dennis Legere

    K.

    This is outside my field of expertise and as you may be aware I’m not an attorney , but I can say this. Arizona does allow the use of Medical Cannabis. in researching your question I found that ARS 36-2802 C prohibits the use of the medical cannabis in public spaces. It may be a stretch to assume that because of the close proximity of town house patio’s that they may be considered public spaces. You would clearly have to consult an attorney on that question. The Condominium or Planned community laws do not address the use of Cannabis in any way, and it is extremely unlikely that your governing documents would as well.

    Have you tried the old fashioned method of actually talking to your neighbor to first ask if his/her use is for medical purposes, and if so asking him/her to let you know before he/she uses on the patio so that you can close your door or windows, or to limit their use to certain times of the day or evening. You have to know that they are under no obligation to tell you that they have a medical cannabis card or to comply with your request. But first trying to talk to the neighbor is always the best advise and course of action. Calling the police and making accusation should only be a last resort not first.

    Dennis

    1. Thank you Dennis for your response. There are many ideas bounced around regarding this with neighbors. We thought of asking but thought that they would not have to respond or provide reason under the Federal Housing Act, then one thought to treat as second hand smoke hazard and they need to confine to inside with closed doors and windows, then there was the thought to keep a log of time and effects when the incidents occurs but calling the police was a brief thought but the smell dissipate quickly and lose the evidence.
      Thank you for your time to respond.

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