Smelling your neighbor’s weed? Can you really call 911 in MS?
While it’s usually best to just mind our own business, sometimes it can be impossible, especially if you live with others nearby. When you can smell your neighbor’s marijuana smoke and a contact high is not your idea of a good time, you may feel compelled to do something.
Even though 11.4% of Mississippi adults reported current marijuana use, defined as using marijuana on at least one day in the past 30 days, there are no laws in Mississippi governing second-hand smoke of marijuana.
To be clear, recreational marijuana use is illegal in Mississippi, although it has been decriminalized in a some parts of the state, and medical marijuana is only legal in some instances.
That disclaimer aside, here’s what you can do if the smell of a neighbor’s pot smoke becomes a nuisance.
Take a kind approach
The most important thing to remember is that you will have to live with these people, so keeping the peace is best. Before you use a scorched earth tactic, consider being nice about it.
Talk to your neighbors and explain how the smoke is affecting you. They may not even realize they’re imposing.
Consider mediation. Introduction of a neutral third party could help move the situation to a mutually agreeable resolution.
Sic the HOA on them
This could be an option if you’ve tried to resolve it one-on-one and didn’t get anywhere, and you aren’t ready to involve law enforcement.
If you live in a community with a homeowners’ association, you can check the covenants, conditions and restrictions to see what is covered concerning smoke.
If the Mississippi HOA laws have clear guidelines, there could be warnings issued, fines levied or privileges revoked.
There is legal recourse
Because marijuana use is illegal in Mississippi involving law enforcement could be an option. However, the penalties for making a false or erroneous call to 911 could be classified as a misdemeanor.
Further, your neighbor could face some serious consequences as well.
Possession of up to 30 grams is decriminalized for first time offenders and will result in a fine of $250.
Subsequent offenses can result in:
Up to 60 days in jail
Mandatory participation in a drug education program
If you’d rather avoid involving police, you can take legal action in the form of a nuisance lawsuit.
Under Mississippi law, a general nuisance concept can be defined as “anything that causes hurt, inconvenience, or damage to another, even if the act itself is otherwise lawful.” The state specifies lewdness, prostitution, or unlawful possession, sale or delivery of controlled substances.
If just ignoring it is absolutely not working, you may have to take matters into your own hands, but having a beef with neighbors can become very inconvenient, very quickly.
What would you do in this situation? Email me at srose@ledger-enquirer.com or find me on social media.
