Oregon Court Addresses Smell of Cannabis Smoke

An Oregon Court of Appeals was asked to address the question of whether the smell of cannabis smoke is unpleasant? I will say I have known some cat piss-smelling strains that smelled…wonderful. Anyway, what does the court say?


“We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage,” the Court of Appeals said. “Indeed, some people undoubtedly find the scent pleasing.”
. . .
At some point, the smell could be considered offensive to a reasonable neighbor, especially if the neighbor is in the sanctuary of his or her own home, the Court of Appeals found.

But, it ruled that the officer who applied for the search warrant of Lang’s home hadn’t sufficiently described an intense, long or frequent odor of pot emanating from Lang’s home.

“(A)n odor that is very intense and persistent could reasonably be regarded as offensive even if it ordinarily might be considered pleasant — perfume, for example, or pungent spices,” the Court wrote.

“Who determines whether a particular odor is offensive?” it added. “Although some odors are objectively unpleasant — rotten eggs or raw sewage come to mind — others are more subjective in nature.”

The ruling was made by a three-judge panel of the Court of Appeals.

To read the complete, original post, GO HERE.

Or, you can read the opinion of the Honorable Court for yourself, like you should. Don’t let other people do your thinking for you.


[Image via: Google images “cannabis in Oregon”]

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Author: DavidB

a heathen, but hopefully not an unenlightened one

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