Marijuana is legal in California, but smoke and odor can still create disputes between neighbors, particularly in condominiums, homeowners associations and other communities where residences are close together.
The issue was discussed on the Roggin Report as marijuana use among older Americans continues to increase and neighbors report concerns about secondhand smoke and odor.
The discussion examined whether residents should be able to smoke marijuana inside their homes when the smoke or odor affects neighboring properties.
Brad Ward of Brad Ward Coaching said the situation can differ depending on whether someone lives in a detached home or an attached residence. He discussed the role that homeowners associations and individual buildings can play in establishing rules for residents.
Attorney Brian Harnick of Roemer Harnick discussed nuisance laws and the potential impact when smoke or odors interfere with a neighbor's use of their home.
The discussion also addressed situations involving detached homes, including when marijuana smoke from one backyard travels into a neighboring yard.
Harnick said residents dealing with smoke or odor may first want to address the issue directly with their neighbors. He also noted that laws may apply when odors become sufficiently offensive, while situations involving less severe odors can present a more difficult question.
The discussion compared marijuana smoke with cigarette and cigar smoke and focused on the potential for disputes when smoke prevents neighbors from using outdoor areas of their homes.
The segment also emphasized the differences that can exist between detached homes and residences governed by HOA or building rules.
By: NBC Palm Springs
August 24, 2026
