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Oregon Court Of Appeals: Marijuana Odor Is Not Offensive


smell marijuanaThere have been several ‘marijuana odor bans’ in states all over America in one form or another. The bans relate to the smell of marijuana being consumed, and/or to the smell of marijuana being cultivated. In Oregon, a court case was decided this week which determined that the smell of marijuana being consumed is not offensive. Per Oregon Live:

The Oregon Court of Appeals on Wednesday refused to declare the smell of marijuana smoke wafting into neighbors’ homes “unpleasant.”

The appeals court ruled that although rotten eggs or raw sewage are “physically offensive” odors to all, marijuana smoke is not necessarily so.

“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 appeals court wrote, in throwing out the second-degree criminal mischief convictions of a Philomath man whose home was searched in 2012 because of the aroma of pot drifting from it.

This is a very timely decision, considering the fact that marijuana became legal to grow, possess, and consume in Oregon last month. This decision was at the Oregon Court of Appeals level, so there is a chance that it can be further appealed to the Oregon Supreme Court. I think that marijuana consumers need to be courteous to their neighbors, and try to keep the marijuana odor within reason. With that being said, there are no doubt many neighbors out there that don’t want to tolerate any smell of marijuana in any way because of their own reefer madness beliefs, and I’m happy to know that those types of neighbors get to be quiet and deal with it now!


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Johnny Green


  1. Just a quiet note – some folks just don’t like the smell of pot smoke. It has nothing to do with “beliefs”. As the article says “be courteous” To some of us, pot smoke is no better than cigarette smoke when it’s wafting in your window.

  2. I knew that no smell ordinance was going to hold up in court, despite the fearful rantings of a few in many areas. Sometimes we have to trust that when the people speak, the system listens and obeys.

  3. Jordan Shorette on

    if I could I would invent a little hat like an angler fish so I could dangle the skunkiest bud I could find right in my face all day, assholes whining about what other people do in private is whats offensive (as long as its victimless of course)

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