This article was originally published on the Marijuana Patients Organization site on August 24, 2015.
The Oregon Court of Appeals ruled in favor of a cannabis user last week after the mans neighbors argued that the smell of his burnt pot was offensive (a nuisance).
“We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage. Indeed, some people undoubtedly find the scent pleasing,” the appeals court wrote.
“Who determines whether a particular odor is offensive?” the appeals court added. “Although some odors are objectively unpleasant — rotten eggs or raw sewage come to mind — others are more subjective in nature.”
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