WA cannabis laws: Can I report neighbor for secondhand smoke?

February 15, 2026 Staff Reporter 42 Views 0 Comments

Recreational cannabis has been legalized in Washington state for more than 10 years — but there are still restrictions on where you can use it.

Most of the time, regulations deal with the act of consuming cannabis. What if you have a complaint about the trail of smoke that follows?

Can you call the police on your neighbor for blowing pot smoke into your backyard?

Here’s what the law says:

Recreational cannabis usage has been legalized in Washington since 2012. Elsa Olofsson via Unsplash

Can I legally smoke cannabis at home in Washington state?

In Washington state, you’re allowed to purchase, possess and use cannabis products on private property, as long as you’re 21 or older.

“You can consume (cannabis) openly in a residence as long as the property owner allows it,” according to a brochure produced by the Washington State Liquor Control Board and its partners.

Landlords can impose rules for smoking inside and outside, and property owners are allowed to ban cannabis usage on their land or building, according to the U.S. Department of Housing and Urban Development.

It’s illegal to consume cannabis in public in Washington state. AFP via Getty Images

Where is smoking weed illegal in Washington state?

Public consumption of cannabis is prohibited in Washington state, according to the Revised Code of Washington.

That means you can’t smoke weed while standing on the sidewalk, walking down the street, hiking a public trail or hanging out in a park.

You’re also not allowed to vape marijuana or eat edibles “in view of the general public or in a public place,” state law says.

If you catch a neighbor smoking marijuana on a rental property, you can get the landlord involved. Erin Hooley TNS

Can I report my Washington neighbor for smoking pot?

If your neighbor blows cannabis smoke onto your property, can you get them to stop?

The biggest factor will be what kind of property you’re both on.

If you catch a neighbor smoking marijuana on a rental property, you can get the landlord involved.

If you and your neighbor are both on individually owned properties, you may have difficulty restricting their cannabis usage.

Most apartment complexes in Washington state prohibit smoking in common areas under state law. You can report violations to your local public health department.

How can I get my neighbor to stop secondhand smoke?

Regardless of the property where you’re living, consider trying to reach an amicable resolution with your neighbor before getting law enforcement or property officials involved.

Reach out to your neighbor and explain that smoke is being blown toward your home, and why you have an issue with it. Clark County Public Health has a renters toolkit for handling such scenarios.

You can ask your neighbor for a compromise, and see if they’re willing to consume cannabis in a different spot at their home to avoid blowing smoke onto your property.

Suggest you’re open to discussing further to come to an agreement together.

If this doesn’t work, try mediation options. If you’re both in a shared community, such as an apartment complex, duplex or homeowners association, you can ask a board member or landlord to help mediate.

You can also contact your local dispute resolution center for professional mediation assistance at a low cost.

What can I do if I live in a non-smoking area?

If you’re living in an area designated as non-smoking, but your landlord doesn’t enforce the policy, the Tenants Union of Washington State has resources.

If you’re living in an area that isn’t designated as non-smoking, you can inform your landlord you feel affected by secondhand smoke and request to be moved to a smoke-free area — or ask them to implement a no-smoking policy.

Clark County Public Health has a renters toolkit for handling such scenarios.

Can I call the cops for weed smoke? Sue?

If the conflict continues, you may be able to take legal action. This should be a last resort, as the negative impacts of the smoke will likely be hard to prove.

If you can prove the smoke has damaged your property or is endangering the “comfort, repose, health or safety of others,” you can claim it’s a “private nuisance.”

At that point, you may consider getting lawyers involved.

Dustin Hughes smokes cannabis on Dec. 18, 2013 in Bellingham, Washington. Staff The Bellingham Herald

Can my neighbor force me to stop smoking pot?

If you live in an apartment or other shared space you don’t own, your landlord is allowed to enforce a no-smoking policy if it’s in your rental agreement.

However, if you’re smoking in your backyard, and a neighbor tells you to stop, you don’t necessarily have to stop.

However, you should be mindful of your neighbor in order to prevent further problems, or possible legal action.

Your neighbor could claim that the health impacts of secondhand smoke warrant a no-smoking policy — even if your cannabis use is for medical purposes.

Smoking in private isn’t a guaranteed right. Be mindful of where your smoke goes and who it affects in order to prevent further complications.

This article contains updated information from a previous article originally published in September 2023.

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