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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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  • Arizona Willie

    ” smelling pot ” should NEVER be a justifiable reason for searching a person’s body / car / home / business. How would you prove you SMELLED something? Cops lie all the time and courts have ruled they can lie to suspects. EVERY cop wakes up in the morning dreaming of a pot bust. The CONSTANTLY ” smell ” pot whether there is any pot smell or not. They all CLAIM ” I smelled pot ” as justification for illegally searching your car or home and they have ZERO evidence of that ” smell ” to produce in court. It is unprovable whether they smelled pot or not. Too easy to lie and no way for the suspect to disprove it. Even when they search and don’t find pot … the claim of ” smelling ” it gets the cops off the hook for an illegal search.

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