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David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1013
Experience:  JD with Distinction, Admitted to practice in California
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I live in California. The teenage neighbors (I live in an

Customer Question

I live in California. The teenage neighbors (I live in an apartment) frequently smoke marijuana on their back patio and the smell if overpowering in my home to the point I get dizzy and sore throat. I've asked them to stop. They wont. What's can I do? Is it legal for them to smoke outside on a patio? I feel it's a health hazard to me and my family.
Submitted: 1 year ago.
Category: Legal
Expert:  David C. Garner replied 1 year ago.
Well, the first thing I would do is call the police and let them investigate whether or not they are doing this legally. Absent a valid medical marijuana recommendation, they can't.
Assuming the police cannot help, the next place to go is your landlord/leasing office. I am sure they have rules for this, and if it is having this sort of an effect on you, it likely amounts to a constructive eviction. If they refuse to stop them, perhaps they will move you to a different apartment.
The apartment may have rules with respect to smoking, and this would be the best place to start.
I hope this helps.