Handling Marijuana Odor Complaints: What You Should Know

Woman smoking on balcony with city skyline at dusk, surrounded by plants and string lights

In many U.S. states where recreational or medical marijuana is legal, simply telling police, “I smell marijuana coming from my neighbor’s apartment,” may not result in any enforcement action. The officer may:

  • Take a report
  • Ask follow-up questions
  • Determine whether there is any evidence of a crime beyond the odor
  • Decline to respond if possession and use are legal

If marijuana is legal but smoking is prohibited in the building (for example, by a lease, condo rule, or public housing policy), the issue is often handled by:

  • The landlord
  • Property management
  • The condo/co-op board

rather than the police.

If marijuana remains illegal where you live, an officer might investigate, but odor alone does not always give police the authority to search a residence. The legal standards vary by state and court rulings.

For an apartment resident, the most practical route is often:

  1. Document the dates and times.
  2. Review your lease or building rules.
  3. Contact management or the landlord.
  4. Escalate to local authorities if there are additional concerns (e.g., heavy smoke affecting health, suspected illegal activity, fire hazards, etc.).

If you tell me your state (or city), I can explain how police and landlords typically handle marijuana odor complaints there.