What can I do about second hand skunk smell?

JamesBondo

House Member
Mar 3, 2012
4,158
37
48
Is there a way to legally deal with my neighbor's second skunk weed smell?
Here is what I know so far. The munipal laws don't protect my private premises but there are bylaws that prohibit secondhand smoke be it tobacco or weed in public places except in designated areas. The actual violation goes under the umbrella of 'public nuisance' bylaws.
There are private nuisance laws as well that protect my right to enjoy my private residence. It is ussually things like loud noises and noxious smells.
But does legal marijuana skunky smell qualify as a noxious smell? I might think so but judges are reluctant to award a claim of private nuisance to activities that otherwise are legal. So, No, unfortunately I don't beleive that I can stop my neighbors skunky weed from wafting into my bedroom on a hot night even though it is adversely affecting my enjoyment of my house.
Your thoughts?
 

JamesBondo

House Member
Mar 3, 2012
4,158
37
48
I wish I had a citation but I remember seeing a law that stated it was illegal to germinate, grow, and or harvest legal marijuana plants - in a residential property? municipal property? ( I can't remember) - unless it is done 100% indoors. The analyst speaking about it was focused on the possibility that legalized pot plants in an outside garden are not likely to be permited.

So, any chance the definition of 'harvest' includes consumption? I don't think so but it would be nice.

If my neighbor was stinking up his house instead of my house then in my eyes there wouldnt be a problem
 

petros

The Central Scrutinizer
Nov 21, 2008
109,867
11,621
113
Low Earth Orbit
Four.

Bondo could use traps if he has a skunk problem. A call to animal control will get things "rolling".
 

bill barilko

Senate Member
Mar 4, 2009
5,880
500
113
Vancouver-by-the-Sea
If it's legal to to smoke in your building then you're SOL.

Or is it a private home on it's own lot?

In which case you're still SOL.

If course you could also talk to your neighbour and ask them not to smoke where the smell enters your bedroom but maybe you lack the necessary skills.
 

JamesBondo

House Member
Mar 3, 2012
4,158
37
48
If it's legal to to smoke in your building then you're SOL.
Or is it a private home on it's own lot?
In which case you're still SOL.
If course you could also talk to your neighbour and ask them not to smoke where the smell enters your bedroom but maybe you lack the necessary skills.

I'm in a private home on its own lot. my neighbor is in a private home on his own lot. his tenants in a basement suite are smoking it up almost 10 times per day. The better the weed is the skunkier it gets, their weed smells like someone took a shit on a pile of dead skunks so it must be pretty good shit.
 

pgs

Hall of Fame Member
Nov 29, 2008
26,772
7,058
113
B.C.
I'm in a private home on its own lot. my neighbor is in a private home on his own lot. his tenants in a basement suite are smoking it up almost 10 times per day. The better the weed is the skunkier it gets, their weed smells like someone took a shit on a pile of dead skunks so it must be pretty good shit.
Sure but there could be 10 spice eaters living in that space cooking salted Talapia every day .
 

taxslave

Hall of Fame Member
Nov 25, 2008
36,362
4,337
113
Vancouver Island
Is there a way to legally deal with my neighbor's second skunk weed smell?
Here is what I know so far. The munipal laws don't protect my private premises but there are bylaws that prohibit secondhand smoke be it tobacco or weed in public places except in designated areas. The actual violation goes under the umbrella of 'public nuisance' bylaws.
There are private nuisance laws as well that protect my right to enjoy my private residence. It is ussually things like loud noises and noxious smells.
But does legal marijuana skunky smell qualify as a noxious smell? I might think so but judges are reluctant to award a claim of private nuisance to activities that otherwise are legal. So, No, unfortunately I don't beleive that I can stop my neighbors skunky weed from wafting into my bedroom on a hot night even though it is adversely affecting my enjoyment of my house.
Your thoughts?
Help him smoke it.
 

taxslave

Hall of Fame Member
Nov 25, 2008
36,362
4,337
113
Vancouver Island
Waaa . Is it any different from bbq ?
Lots different. Burnt BBQ really stinks. also carcinogenic. Pot is neither. Although I had had weed of much better quality that does not stink at all.
Or maybe we smoked the incense by mistake.
 

pgs

Hall of Fame Member
Nov 29, 2008
26,772
7,058
113
B.C.
Lots different. Burnt BBQ really stinks. also carcinogenic. Pot is neither. Although I had had weed of much better quality that does not stink at all.
Or maybe we smoked the incense by mistake.
Is Dave there ?
 

JamesBondo

House Member
Mar 3, 2012
4,158
37
48
I just got a pm from a well known member that does not wish to be part of this discussion. He suggests that I need to show that the smell is doing something well beyond being a nuisance. Like my wife has hypersensitive smell and it is causing headaches. Or he says approach the landlord/tenant angle of this. My neighbor the landlord has sort of created the situation by renting to a tenant.

What do you guys think? any wind in those sails?
 

petros

The Central Scrutinizer
Nov 21, 2008
109,867
11,621
113
Low Earth Orbit
Nope. You are SOL. You aren't in a confined space. It's like living in a pulp town. You deal with it and go on with your life.
 

JamesBondo

House Member
Mar 3, 2012
4,158
37
48
Well I have a great big green bin that gets pretty stanky this time of year. Maybe I will move it further up my driveway so the bouquet wafts into their bedroom window.
 

taxslave

Hall of Fame Member
Nov 25, 2008
36,362
4,337
113
Vancouver Island
I just got a pm from a well known member that does not wish to be part of this discussion. He suggests that I need to show that the smell is doing something well beyond being a nuisance. Like my wife has hypersensitive smell and it is causing headaches. Or he says approach the landlord/tenant angle of this. My neighbor the landlord has sort of created the situation by renting to a tenant.
What do you guys think? any wind in those sails?
I doubt it. Since there was nothing that could be done even when pot was illegal. Your best bet is to tactfully ask them if they could try some different kinds of weed that don't stink as much. Maybe point out to them that smell doesn't necessarily equate to quality.
 

MHz

Time Out
Mar 16, 2007
41,030
43
48
Red Deer AB
Your thoughts?
Buy a ozone generator like this and leave it plugged in. Ut will kill all odors and calm you the fuk down so mile-hill never become mountains.


Something about this small (only 110V rather than 12V)would do a bedroom and plug in and forget. The 'bigger ones' need more attention, start small and work your way up to making ozonated oils.