What can you do if you smell your neighbor’s pot smoke? Can you call 911 in Mississippi?
Good fences make good neighbors, or so they say. But what happens when the problem is the smell of marijuana smoke and it wafts over your fence and into your yard?
If your neighbors imbibe in marijuana and the smoke is making its way into your vicinity, there are some things you can do. While there are no laws in Mississippi governing second-hand smoke of marijuana, The American Lung Association cites 160 cities and 7 counties in Mississippi that cover second hand smoke, generally.
To be clear, recreational marijuana use is illegal in Mississippi, although it has been decriminalized in a bit 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.
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.
Sic the HOA on them
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 HOA documents have clear guidelines, there could be warnings issued, fines levied or privileges revoked.
Take a kinder approach
Talk to your neighbors and explain how the smoke is affecting you. They may not even realize.
Consider mediation. Introduction of a neutral third party could help move the situation to a mutually agreeable resolution.
With marijuana reforms on the inevitable horizon, the issue will likely become more complicated. Seeking an amicable resolution could go a long way to keep the peace as the local ordinances are settled.
This story was originally published September 3, 2024 at 1:13 PM.
