How Do I Stop Neighbors' Marijuana Smoke From Drifting Into My Child’s Bedroom?

If you live in a state where either medical or recreational cannabis use is legal (as it is in more than half of the United States), you might have encountered smoke where you least expect or desire it. For instance, what if, when you're putting your toddler to bed, you can smell marijuana smoke coming from the neighbors' back porch? Short of never opening the window again, does the law offer any way to stop neighbors from smoking weed right next to a child's bedroom?

The answer depends both on the relevant federal, state, and local law, and on whether you and/or your neighbor live in single-family homes, apartments, federal housing, or some other variation of housing arrangement.

Learn About the Health Risks of Secondhand Marijuana Smoke

Don't worry that you're being a complainer. The risks are real. As stated in a 2024 U.S. Surgeon General's Report (Eliminating Tobacco-Related Disease and Death: Addressing Disparities), "secondhand cannabis smoke contains many of the same toxic and cancer-causing chemicals found in tobacco smoke," sometimes in higher amounts. And a Harvard-based journalist reported that evidence suggests that "when youth and young adults (whose brains are still developing) are exposed to marijuana, it may have permanent effects on executive function, memory, and even IQ."

A useful resource for the latest news is the American Nonsmokers' Rights Foundation, particularly its secondhand smoke page.

Gather Evidence of the Neighbor's Behavior

In preparation for any sort of follow-up action, you'll want to do more than just say, "You smoke all the time!" Better to keep a log, documenting incidents with dates, times, and duration of the smoking. Actually taking photographs might violate the neighbor's privacy if they're on their own property, but if they're on the sidewalk or in a common area, it's a different matter. And consider whether you have friends or neighbors who've observed the smoking and would be willing to write a witness statement.

Try Talking to the Neighbor About the Smoke

Regardless of your state or local laws, a good first step could be to talk the neighbors. It's possible they're unaware that smoke is drifting into your house, or of the associated health concerns. By approaching your neighbors in a considerate manner, and emphasizing your concern for your children or other vulnerable family members, you might be able to resolve the problem quickly and without straining the relationship.

Another relatively informal way to resolve this type of dispute is through mediation. This means you'll agree on a neutral third party (the mediator) will meet with the two (or more) sides of a dispute to help them find a mutually agreeable resolution. It's usually cheaper and faster than going to court, with many neighborhood mediation services available. Mediation is particularly well suited for non-financial concerns, as is often true of neighbor disputes (where small claims court can't help much, because it's focused on claiming money damages). Of course, if your child has developed medical problems that professionals can reasonably attribute to the secondhand smoke, then money damages might be worth seeking.

Check What Limits State or Local Laws Place on Recreational Marijuana Use

If informal resolution is unsuccessful or not an option, it will be important to become familiar with state and local law on marijuana use. In states like Oregon, Colorado, and Washington, for example, where marijuana is legal to smoke recreationally, the law prohibits its public consumption. In California, 51 municipalities (as of July, 2025) require all multi-unit housing to be 100% smoke-free indoors. (See American Nonsmokers' Rights Foundation's summary of U.S. Laws for Smokefree Multi-Unit Housing.)

If you and/or your neighbor are living in a rental property, see Tenant Rights to Smoke Cigarettes or Marijuana in Rental Units for help in finding out whether local law will offer you any backup.

The typical legal scenario, though, is that the consumer can smoke marijuana in a place not accessible by the general public. The back porch of a single-family home, out of view of the public and on private property, is unlikely to run afoul of any existing public consumption restriction.

If Living in Federal Housing, Learn About the Legal Restrictions

The Department of Housing and Urban Development (HUD) takes the position that use of marijuana (including for medical purposes) is prohibited in all federally funded housing, regardless of whether it's legal in the relevant state.

Consider Whether the Neighbors' Actions Are a Legal "Nuisance"

In certain situations, marijuana smoke and odor could be considered a nuisance warranting a civil lawsuit. "Nuisance" is usually defined as something that interferes with the use of property by being irritating, offensive, obstructive, or dangerous. It's rare for state laws to declare secondhand smoke a legal nuisance (though Utah law does so, at Utah Stat. § 78B-6-1101(1), and Minnesota's Cannabis Law, at § 342.82 (2024), declares that "Any use of adult-use cannabis flower which is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property is a nuisance.")

Even without such a statute, however, this is an area where people bothered or injured by secondhand smoke can draw on the "common law" (court decisions and precedent). Nuisance cases have been brought in response to a wide range of conditions; everything from a chemical plant's noxious odors to a neighbor's dog barking.

There are two types of nuisances defined by law, public and private.

• A public nuisance is an unreasonable interference with a right common to the general public, such as toxic fumes settling over a whole neighborhood.
• A private nuisance is a condition that is more specific to a person's use of a property (like a neighbor's barking dog). In cases where, say, the smoke is affecting only you, a claim against the neighbors for private nuisance might be your best bet. To prove a private nuisance, you would need to show that the smoker has unreasonably interfered with your use and enjoyment of your property. The court will weigh the gravity of the harm to the utility of the conduct causing the harm. With both cigarette smoke and marijuana smoke, courts have been hesitant to declare the odor in itself a nuisance. If it's possible to prevail on a nuisance claim, you will likely have to prove some harm beyond being offended by the smell.

Some courts have been hesitant to declare something a nuisance when it's allowed by law. What that could mean is that, unless there is a statute on the books stating otherwise, a court will be hesitant to declare that marijuana smoke coming from private property is a nuisance when it's lawful in that state to smoke on private property. Nevertheless, cannabis use remains illegal (a Schedule I controlled substance) under federal law. (See Drug Laws and Drug Crimes.)

That was one of the reasons the judge in the case of Ippolito-Shepherd v. Cackett (D.C. Superior Court, 2023) ruled that the defendant's cannabis odor constituted a private nuisance and ordered him to stop smoking indoors and within 25 feet of the plaintiff's residence—despite his having a medical marijuana card.

Many cities have also drafted ordinances making marijuana smoke that wafts over to a neighbor's property or residence a nuisance. If that's the case in your area, and you've tried engaging with your neighbors without success, calling local law enforcement could lead to a citation against them. This might encourage them to start smoking elsewhere on the property, so that the smoke doesn't make it to your house.

If Living in a Condo or Other Common Interest Community, Check Its Rules

It might also prove helpful, if you live in a subdivision governed by a homeowners association (HOA) or the like, to become familiar with the Declaration of Covenants, Conditions, and Restrictions ("CC&Rs") that you and all your neighbors must abide by. This document might include restrictions on drifting smoke and odors. If is does, you should review both the CC&Rs and bylaws regarding how to enforce such restrictions.

If there is no prohibition against wafting smoke, you might want to consider raising the issue at the next homeowners' association board meeting. Also see Can My Condo Association Stop an Owner From Smoking Marijuana?

An Attorney Can Help

Since medical and recreational marijuana have only recently been legalized in some states (and not in every state), the laws relating to wafting marijuana smoke and odor are still developing. An attorney can help make sure you are up to date with the latest developments. And, if you are worried about the impact on a child or other family member's health, you should also talk to a medical professional.