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InvisibleCalifornia
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Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court
    #22135022 - 08/24/15 11:06 AM (8 years, 7 months ago)

rules

The Oregon Court of Appeals on Wednesday refused to declare the smell of marijuana smoke wafting into neighbors' homes "unpleasant."

The appeals court ruled that although rotten eggs or raw sewage are "physically offensive" odors to all, marijuana smoke isn't necessarily so.

"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 in throwing out the second-degree criminal mischief convictions of a Philomath man whose home was searched in 2012 because of the aroma of pot drifting from it.

The ruling is sure to strike a chord with some Oregonians who involuntarily have become familiar with the smell of cannabis originating from neighboring houses or apartments with the legalization of recreational marijuana on July 1. Given the appeals court ruling, recreational users may rest assured that smoking pot at home shouldn't draw any hassles from police.

The appeals court considered the case of Jared William Lang. He was 34 in November 2012 when a Philomath police officer visited his apartment after neighbors on both sides reported the smell of marijuana coming from his unit. One person told the officer "that the smell was especially difficult for him because he was currently attending rehabilitation for drug abuse and the smell of marijuana was a 'trigger' for him," according to the appeals court summary of the case.

Another neighbor said that he'd lived in his unit for eight years and that "the neighbors in the middle rental (had) gotten worse and worse," according to the summary. Two more neighbors said they smelled pot coming from Lang's unit two to three times per a week.

The officer noted that he could smell burnt marijuana upon arrival at Lang's apartment. The officer asked a Benton County judge for a search warrant of Lang's unit -- on the grounds that Lang might have committed second-degree disorderly conduct by creating a "physically offensive" smell.

The judge granted the warrant and the officer found evidence of a completely unrelated crime -- aerosol paint cans and stencils that indicated Lang had been spraying graffiti on street signs, walls, fences and other property in Philomath.

Lang was found guilty of three counts of misdemeanor second-degree criminal mischief after a trial in the vandalism case. He was fined $440 and sentenced to several months in jail.

Lang appealed the convictions, arguing that the grounds police used to search his home were bogus. The appeals court found that it couldn't declare the odor of marijuana smoke offensive -- or not -- to the average person. The appeals court ruled that depends on the "intensity, duration, or frequency" of the smoke.


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 apeals court found.

But the court 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 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."

The ruling was made by a three-judge panel of the appeals court: Timothy Sercombe, Erika Hadlock and Douglas Tookey.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2015/08/odor_of_marijuana_smoke_waftin.html

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Invisiblepassifloracaerulea
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: California]
    #22135735 - 08/24/15 02:30 PM (8 years, 7 months ago)

Haha! I live in Philomath! It's a redneck logging town. I got the cops called on me for playing dance music softly while my neighbors can blast country music with no repercussions.  Fucking assholes are probably blasting fabric softener stench out of their house and bitching about the best smelling plant in nature.

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InvisiblezZZz
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: California]
    #22136057 - 08/24/15 03:37 PM (8 years, 7 months ago)

pot smokers should be more considerate towards their neighbors. they gotta be careful too because sometimes the smoke leaks out and can get other peeps high, it has happened to me before many times when i was trying to quit marijuanas for awhile.

shit, i'm a pot smoker and even i wouldnt want pot smoking neighbors who were smoking pot all the time making my home reek n shit. they gotta take into account how close they are to their neighbors and whether they are offending them with the odor and what not. same goes for cigarette smoke, take that shit outside far away from the windows.


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InvisibleCognitive_Shift
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22136384 - 08/24/15 04:46 PM (8 years, 7 months ago)

Is cigarette smoke legally offensive?


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Invisiblewhitelights
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Cognitive_Shift]
    #22136547 - 08/24/15 05:18 PM (8 years, 7 months ago)

yeah if your state has any laws about smoking next to or in the same room as a kid.

edit: my grandfather has 8% of his lungs left from cigarettes and he runs and lives in a tenant house and no one can smoke in the house because even if the smell comes through his lungs have a fit.

also cant smoke in a building with oxygen tanks.


--------------------
its that bitter-sweet-sour, electric-smooth-twang. everything you ever have, are. or will feel along with every emotion, joy, hate, love, fear or aspiration burning down your nerves and into the fabric of your place in this existence at ten thousand degrees above and below zero will you find yourself wondering if you've been dead or alive this whole time. being born over and over only to die over and over hoping the wheel stops in the same place it started when you spun it, and when it finally does and you can step back and take a nice deep breath you realize how beautiful life is, remember, wake up to the most beautiful day of your life every single day, its just the way.

Edited by whitelights (08/24/15 05:20 PM)

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OfflineDetached
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: whitelights]
    #22136981 - 08/24/15 06:56 PM (8 years, 7 months ago)

For once the court gets something right. The defendant show counter sue for the inconvenience and all that shit.

I agree that it is best to treat weed smoke like cigarettes regarding legal law. If you're not allowed to smoke a cig inside, you shouldn't think it's ok to puff a bowl.

But the problem is I believe legal marijuana laws prohibit smoking in the public much like drinking laws. So if you're not supposed to smoke outside and your apartment bans indoor smoking, where do you get high at?

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OfflinePsilosopherr
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Cognitive_Shift]
    #22137166 - 08/24/15 07:30 PM (8 years, 7 months ago)

Quote:

Cognitive_Shift said:
Is cigarette smoke legally offensive?



that was my thought. cig smoke is wayyy nastier.

You think the smell carries that much even? It clears out of my house in no time. I'd think it would just dissipate in the wind after that. Unless you're growing :shrug:

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InvisibleGovam
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22137443 - 08/24/15 08:29 PM (8 years, 7 months ago)

To be relevant, cases like this excite me more than close calls on state ballots.

Quote:

zZZz said:
pot smokers should be more considerate towards their neighbors. they gotta be careful too because sometimes the smoke leaks out and can get other peeps high, it has happened to me before many times when i was trying to quit marijuanas for awhile.

shit, i'm a pot smoker and even i wouldnt want pot smoking neighbors who were smoking pot all the time making my home reek n shit. they gotta take into account how close they are to their neighbors and whether they are offending them with the odor and what not. same goes for cigarette smoke, take that shit outside far away from the windows.




But I clicked your fucking sig thinking I could get free almond flour for baking, but it totally wasn't what I thought it was

Edited by Govam (08/24/15 08:30 PM)

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OfflinePsilosopherr
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Govam]
    #22137458 - 08/24/15 08:31 PM (8 years, 7 months ago)

Quote:

Govam said:
To be relevant, cases like this excite me more than close calls on state ballots.

Quote:

zZZz said:
pot smokers should be more considerate towards their neighbors. they gotta be careful too because sometimes the smoke leaks out and can get other peeps high, it has happened to me before many times when i was trying to quit marijuanas for awhile.

shit, i'm a pot smoker and even i wouldnt want pot smoking neighbors who were smoking pot all the time making my home reek n shit. they gotta take into account how close they are to their neighbors and whether they are offending them with the odor and what not. same goes for cigarette smoke, take that shit outside far away from the windows.




But I clicked your fucking sig thinking I could get free almond flour for baking, but it totally wasn't what I thought it was



:rofl: I didn't realize that until I clicked it either.

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Offlineallseeingike
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz] * 1
    #22138956 - 08/25/15 06:18 AM (8 years, 7 months ago)

Quote:

zZZz said:
pot smokers should be more considerate towards their neighbors. they gotta be careful too because sometimes the smoke leaks out and can get other peeps high, it has happened to me before many times when i was trying to quit marijuanas for awhile.

shit, i'm a pot smoker and even i wouldnt want pot smoking neighbors who were smoking pot all the time making my home reek n shit. they gotta take into account how close they are to their neighbors and whether they are offending them with the odor and what not. same goes for cigarette smoke, take that shit outside far away from the windows.




shit, when i was on probation i would sit in a car with my friends ( who i lived with) while they hotboxed the car and not only would i not get high but i would piss clean ( took drug tests twice a week for a year

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InvisibleOeric McKenna
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz] * 1
    #22138994 - 08/25/15 06:46 AM (8 years, 7 months ago)

Quote:

zZZz said:
pot smokers should be more considerate towards their neighbors. they gotta be careful too because sometimes the smoke leaks out and can get other peeps high, it has happened to me before many times when i was trying to quit marijuanas for awhile.

shit, i'm a pot smoker and even i wouldnt want pot smoking neighbors who were smoking pot all the time making my home reek n shit. they gotta take into account how close they are to their neighbors and whether they are offending them with the odor and what not. same goes for cigarette smoke, take that shit outside far away from the windows.




So...wait, the smoke will "leak out" of my house and get someone high???
In what morbid reality is this true?

The right to live should always outweigh the right to complain, be it loud music or anything else.


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InvisiblezZZz
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Oeric McKenna]
    #22140040 - 08/25/15 10:06 AM (8 years, 7 months ago)

Quote:

allseeingike said:
shit, when i was on probation i would sit in a car with my friends ( who i lived with) while they hotboxed the car and not only would i not get high but i would piss clean ( took drug tests twice a week for a year




that's interesting,

i guess i'm just really sensitive, cuz i definitely get a buzz from 2nd hand smoke. that's pretty cool tho u were able to pass the drug test, i mean u were pretty much inhaling the smoke so it was like u were smoking too, but not as much as ur friends. maybe there is something there, maybe peeps can get high from second hand smoke without it showing up on drug tests?.. :strokebeard:





Quote:

Oeric McKenna said:
So...wait, the smoke will "leak out" of my house and get someone high???
In what morbid reality is this true?

The right to live should always outweigh the right to complain, be it loud music or anything else.




trust me bro, the marijuana smoke can be very subtle, i've gotten high from second hand smoke plenty of times, but i mean i was always super sober when it happened so it was always very noticeable to me.

i've been smoking everyday for several years now so u cant tell me i dont get high from second hand smoke, cuz i def know what a marijuana high feels like.


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OfflinePsilosopherr
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22140052 - 08/25/15 10:09 AM (8 years, 7 months ago)

I was getting my piss tested regularly for 6 months. Smoking bud normally the entire time, never once failed the test for bud. Then I had one beer and failed the test for alcohol :lol:

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InvisiblezZZz
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Psilosopherr]
    #22140096 - 08/25/15 10:18 AM (8 years, 7 months ago)

myabe some peeps just get lucky, or the piss tests really suck..


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Offlineallseeingike
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz] * 1
    #22140601 - 08/25/15 12:03 PM (8 years, 7 months ago)

Quote:

zZZz said:
Quote:

allseeingike said:
shit, when i was on probation i would sit in a car with my friends ( who i lived with) while they hotboxed the car and not only would i not get high but i would piss clean ( took drug tests twice a week for a year




that's interesting,

i guess i'm just really sensitive, cuz i definitely get a buzz from 2nd hand smoke. that's pretty cool tho u were able to pass the drug test, i mean u were pretty much inhaling the smoke so it was like u were smoking too, but not as much as ur friends. maybe there is something there, maybe peeps can get high from second hand smoke without it showing up on drug tests?.. :strokebeard:





Quote:

Oeric McKenna said:
So...wait, the smoke will "leak out" of my house and get someone high???
In what morbid reality is this true?

The right to live should always outweigh the right to complain, be it loud music or anything else.




trust me bro, the marijuana smoke can be very subtle, i've gotten high from second hand smoke plenty of times, but i mean i was always super sober when it happened so it was always very noticeable to me.

i've been smoking everyday for several years now so u cant tell me i dont get high from second hand smoke, cuz i def know what a marijuana high feels like.




idk but i didnt get high at all. at first i would leave the car out of fear of any getting in my system and showing positive but then we hung out with someone else who was also on probation and told me he was always around people smoking with no problem

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InvisibleOeric McKenna
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: allseeingike]
    #22144208 - 08/26/15 01:19 AM (8 years, 7 months ago)

Yeah but we're talking about it wafting from one persons house to another not being locked inside a car with blunts going...
= impossible I'd say.  Once its outside its over. Wouldn't you say?


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Offlineallseeingike
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Oeric McKenna]
    #22151725 - 08/27/15 02:24 PM (8 years, 7 months ago)

Quote:

Oeric McKenna said:
Yeah but we're talking about it wafting from one persons house to another not being locked inside a car with blunts going...
= impossible I'd say.  Once its outside its over. Wouldn't you say?




well yeah but my point was just that even being inside a car being hotboxed did not get me high nor did i fail my drug tests

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Invisiblewhitelights
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: allseeingike]
    #22151956 - 08/27/15 03:10 PM (8 years, 7 months ago)

doesnt all thc absorb into your lungs within 3-5 seconds? and isnt thc like no good anymore after 7 or 8 seconds of being burned


--------------------
its that bitter-sweet-sour, electric-smooth-twang. everything you ever have, are. or will feel along with every emotion, joy, hate, love, fear or aspiration burning down your nerves and into the fabric of your place in this existence at ten thousand degrees above and below zero will you find yourself wondering if you've been dead or alive this whole time. being born over and over only to die over and over hoping the wheel stops in the same place it started when you spun it, and when it finally does and you can step back and take a nice deep breath you realize how beautiful life is, remember, wake up to the most beautiful day of your life every single day, its just the way.

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InvisibleMikeBearPig
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: allseeingike] * 1
    #22151975 - 08/27/15 03:14 PM (8 years, 7 months ago)

Quote:

allseeingike said:
Quote:

zZZz said:
Quote:

allseeingike said:
shit, when i was on probation i would sit in a car with my friends ( who i lived with) while they hotboxed the car and not only would i not get high but i would piss clean ( took drug tests twice a week for a year




that's interesting,

i guess i'm just really sensitive, cuz i definitely get a buzz from 2nd hand smoke. that's pretty cool tho u were able to pass the drug test, i mean u were pretty much inhaling the smoke so it was like u were smoking too, but not as much as ur friends. maybe there is something there, maybe peeps can get high from second hand smoke without it showing up on drug tests?.. :strokebeard:





Quote:

Oeric McKenna said:
So...wait, the smoke will "leak out" of my house and get someone high???
In what morbid reality is this true?

The right to live should always outweigh the right to complain, be it loud music or anything else.




trust me bro, the marijuana smoke can be very subtle, i've gotten high from second hand smoke plenty of times, but i mean i was always super sober when it happened so it was always very noticeable to me.

i've been smoking everyday for several years now so u cant tell me i dont get high from second hand smoke, cuz i def know what a marijuana high feels like.




idk but i didnt get high at all. at first i would leave the car out of fear of any getting in my system and showing positive but then we hung out with someone else who was also on probation and told me he was always around people smoking with no problem





You got a plecebo affect. 

There have been studies that determined that getting high with out actually smoking and pissing dirty is EXTREMELY hard.

It is so hard in fact, 10-16 people locked in a room with ventilation and 10 joints each will NOT make you piss dirty or get you high.

It takes 10 people in a SEALED room smoking 6 joints each to make 75% of the people piss dirty.

You can go lookit up, the numbers might be off a tad, but it's not exaggerated what so ever.

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Offlineallseeingike
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: MikeBearPig]
    #22152160 - 08/27/15 03:49 PM (8 years, 7 months ago)

Quote:

MikeBearPig said:
Quote:

allseeingike said:
Quote:

zZZz said:
Quote:

allseeingike said:
shit, when i was on probation i would sit in a car with my friends ( who i lived with) while they hotboxed the car and not only would i not get high but i would piss clean ( took drug tests twice a week for a year




that's interesting,

i guess i'm just really sensitive, cuz i definitely get a buzz from 2nd hand smoke. that's pretty cool tho u were able to pass the drug test, i mean u were pretty much inhaling the smoke so it was like u were smoking too, but not as much as ur friends. maybe there is something there, maybe peeps can get high from second hand smoke without it showing up on drug tests?.. :strokebeard:





Quote:

Oeric McKenna said:
So...wait, the smoke will "leak out" of my house and get someone high???
In what morbid reality is this true?

The right to live should always outweigh the right to complain, be it loud music or anything else.




trust me bro, the marijuana smoke can be very subtle, i've gotten high from second hand smoke plenty of times, but i mean i was always super sober when it happened so it was always very noticeable to me.

i've been smoking everyday for several years now so u cant tell me i dont get high from second hand smoke, cuz i def know what a marijuana high feels like.




idk but i didnt get high at all. at first i would leave the car out of fear of any getting in my system and showing positive but then we hung out with someone else who was also on probation and told me he was always around people smoking with no problem





You got a plecebo affect. 

There have been studies that determined that getting high with out actually smoking and pissing dirty is EXTREMELY hard.

It is so hard in fact, 10-16 people locked in a room with ventilation and 10 joints each will NOT make you piss dirty or get you high.

It takes 10 people in a SEALED room smoking 6 joints each to make 75% of the people piss dirty.

You can go lookit up, the numbers might be off a tad, but it's not exaggerated what so ever.




i didnt get high at all but we did have the air on

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InvisiblezZZz
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: allseeingike]
    #22152798 - 08/27/15 05:49 PM (8 years, 7 months ago)

I'm sure u got little high but just didn't notice, it's actually very subtle. U probably felt kinda relaxed but didn't really notice it


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OfflineYukon Cornelius
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22152878 - 08/27/15 06:05 PM (8 years, 7 months ago)

As others have said, placebo effect. That's why it's so subtle. :cookiemonster:

The dispersion is way too great for you to receive a substantial amount of smoke to actually get you high.


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InvisiblezZZz
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Yukon Cornelius]
    #22152907 - 08/27/15 06:09 PM (8 years, 7 months ago)

Its not placebo, I've gotten high off second hand smoke plenty of times, i even check my eyes and they are always red. Placebos don't do that, mAke ur eyes red


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OfflineYukon Cornelius
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22152915 - 08/27/15 06:11 PM (8 years, 7 months ago)

Are you in a sealed small vehicle with two or more people smoking blunts?

If not then the majority of the effect is placebo.


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InvisiblezZZz
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Yukon Cornelius]
    #22152939 - 08/27/15 06:15 PM (8 years, 7 months ago)

Well u should try it sometime, nextime someone is smoking around u with the smoke goin ur direction go look in a mirror and tell me ur eyes arent red or mellowed out


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OfflineYukon Cornelius
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22153009 - 08/27/15 06:26 PM (8 years, 7 months ago)

I have had this situation play out while I wasn't smoking and have never experienced anything substantial.

Had to calm down sober friends of mine who freaked out when someone started smoking in the same room as them.

Close to 80% of the THC is absorbed into your lungs within 5 seconds of holding in the smoke, the remaining portion exponentially dissipates into the atmosphere. The air that enters your lungs would have no more than a fraction of 1% of the original smoke under normal circumstances.

I'm not saying it can't happen but it is incredibly unlikely in most situations.


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InvisiblezZZz
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Yukon Cornelius]
    #22153023 - 08/27/15 06:29 PM (8 years, 7 months ago)

im not saying it gets u super high, more like a lite buzz


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InvisibleMikeBearPig
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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Yukon Cornelius]
    #22153046 - 08/27/15 06:32 PM (8 years, 7 months ago)

Quote:

Yukon Cornelius said:
Are you in a sealed small vehicle with two or more people smoking blunts?

If not then the majority of the effect is placebo.




Even then, it would have to be 4 people smoking 6 blunts each non stop to get a high enough blood concentration.

You may get high, but you are not stoned and it sure won't show up in a piss test.

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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22153048 - 08/27/15 06:33 PM (8 years, 7 months ago)

My point still stands, do you get buzzed on O'doul's or kombucha?


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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Yukon Cornelius]
    #22153062 - 08/27/15 06:35 PM (8 years, 7 months ago)

trust bro, dont knock it till uve done the homework, and i dont mean just reading articles, i mean actually getting down and dirty


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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22153136 - 08/27/15 06:51 PM (8 years, 7 months ago)

Straight up, I scienced the shit out of it. :scumbagsteve:


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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Yukon Cornelius]
    #22153159 - 08/27/15 06:55 PM (8 years, 7 months ago)

well do it again, cuz my point will stand the test of time


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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22153893 - 08/27/15 09:20 PM (8 years, 7 months ago)

If you're hot boxing a small confined space like a car for long enough it seems reasonable someone with no tolerance might feel the effects.


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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: Detached]
    #22154673 - 08/28/15 01:10 AM (8 years, 7 months ago)

Quote:

Detached said:


I agree that it is best to treat weed smoke like cigarettes regarding legal law. If you're not allowed to smoke a cig inside, you shouldn't think it's ok to puff a bowl.





I strongly disagree with this statement, and you've already anticipated one of the reasons why:



Quote:

But the problem is I believe legal marijuana laws prohibit smoking in the public much like drinking laws. So if you're not supposed to smoke outside and your apartment bans indoor smoking, where do you get high at?





Some states, marijuana is legal, or at least decriminalized to the point where it's only a ticketable offense, but smoking in public is either illegal, or a more serious penalty.


Also, I believe the most common reasons landlords don't want people smoking tobacco in a building are


A- Smoke residue, which is theoretically worse with tobacco than it is with pot, which is typically smoked less frequently, and often in smaller amounts.

B- Increased risk of fire via residents being careless with their butts, falling asleep smoking, etc. And I suppose this one is still a bit of an increased risk... but I also feel like pot smokers are a bit less casual with the physical act of their smoking, than a cigarette smoker. The typical cigarette smoker is at least far more used to it, so I believe it's more of a subconscious act. Not to mention that more time spent burning things, theoretically equals more time spent in risk. Overall, I think pot is less of a risk in this category overall, even if it still poses some.



But ultimately, if smoking pot is not illegal (but public smoking is an offense) I don't think landlords should be able to say "no, you have to do that outside."


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Re: Odor of marijuana smoke wafting from neighbor's apartment not legally "offensive," appeals court [Re: zZZz]
    #22154678 - 08/28/15 01:14 AM (8 years, 7 months ago)

Quote:

zZZz said:
Quote:

allseeingike said:
shit, when i was on probation i would sit in a car with my friends ( who i lived with) while they hotboxed the car and not only would i not get high but i would piss clean ( took drug tests twice a week for a year




that's interesting,

i guess i'm just really sensitive, cuz i definitely get a buzz from 2nd hand smoke. that's pretty cool tho u were able to pass the drug test, i mean u were pretty much inhaling the smoke so it was like u were smoking too, but not as much as ur friends. maybe there is something there, maybe peeps can get high from second hand smoke without it showing up on drug tests?.. :strokebeard:




...trust me bro, the marijuana smoke can be very subtle, i've gotten high from second hand smoke plenty of times, but i mean i was always super sober when it happened so it was always very noticeable to me.

i've been smoking everyday for several years now so u cant tell me i dont get high from second hand smoke, cuz i def know what a marijuana high feels like.







Well, drug tests do have a cutoff detection point. Shit can be in your system, but if it's under threshold it will show up as a negative.

However, placebo is a hell of a drug. I have seen people trip their faces off on plain white paper (with nothing on it.)

People can even have physiological reactions from placebo. One of the reasons they have to account for it in human drug trials.

Don't underestimate placebo.


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