California law is pretty clear about where adults can (and cannot) use cannabis—but it’s murkier when your neighbor’s smoke keeps drifting into your living room. Here’s a practical, law-grounded guide to what’s legal, what’s not, and realistic steps you can take if cannabis odor or smoke is bothering you.

What’s legal vs. illegal (quick reality check)

• Adults 21+ can use cannabis in private spaces. That means inside a private residence or a fully private outdoor area.
• Public consumption is illegal. That includes sidewalks, parks, beaches, and most places where tobacco smoking is banned.
• Schools and daycares are off-limits. You generally can’t smoke within 1,000 feet of a K–12 school or daycare while children are present, except inside a private residence (and even then, local rules and lease terms can still restrict you).
• Driving + cannabis = no. You can transport sealed cannabis, but you can’t consume in a car or drive impaired. Open-container rules apply to cannabis, too.
• Landlords, HOAs, and cities can be stricter. Leases, condo CC&Rs, and local ordinances can prohibit smoking (tobacco and/or cannabis) entirely, including on balconies and patios—even if state law permits private use.

When smoke wafts into your unit: your best steps

1. Document the issue like a pro. Note dates/times, where the odor is strongest, and any health impacts (headaches, asthma flare-ups). If possible, log short video clips showing smoke intrusion points (gaps around doors, vents).
2. Check the rulebook you actually live under.
   • Lease/HOA/CC&Rs: Many have smoke-free clauses or nuisance provisions.
   • City/County codes: Some jurisdictions treat secondhand smoke (including cannabis) as a nuisance in multi-unit housing. If your locality does, that gives you a clear enforcement path.
3. Start with a low-heat conversation. Most neighbors don’t realize the extent of the drift. Share the pattern you’ve logged and propose practical fixes (see below).
4. Propose easy, nonpunitive fixes. Door sweeps, outlet/vent gaskets, weather-stripping, and a small HEPA unit near the entry point can dramatically cut transfer for $20–$150. If your neighbor is receptive, suggest they use a smoke filter (carbon “personal filter” devices) or switch to edibles, tinctures, or a dry-herb vape (less odor).
5. Escalate thoughtfully if needed.
   • Property manager/HOA: File a written complaint citing the specific clause (smoke-free policy or nuisance). Attach your log.
   • Code enforcement / public health: If your jurisdiction treats secondhand smoke as a nuisance in multi-unit housing, report it.
   • Non-emergency police line: Appropriate only if the use is clearly public (e.g., hallway/stairwell) or involves other violations (party noise, minors present).
6. Know your remedies. If the problem persists and your lease or local code supports you, you can request enforcement, a reasonable accommodation (additional sealing/repairs), or—in serious cases—pursue mediation or small-claims damages tied to loss of use/health impacts. Consult a tenant clinic or housing attorney before big moves.

Special cases (so you don’t trip over them)

• Balcony/patio use: Even if “private,” many buildings treat balconies as common elements and ban all smoking. That ban is usually enforceable.
• Short-term rentals next door: Hosts are typically bound by the same no-smoking rules as the building and city. A complaint to the platform + code enforcement often works faster than neighbor-to-neighbor negotiation.
• Single-family home next door: You have fewer tools than in multi-unit housing, but a local nuisance ordinance (or a citywide outdoor smoke ban) may still apply—especially if smoke is persistent and affects habitability.

For consumers: how to be a great neighbor

• Switch to low-odor forms (edibles, tinctures), dry-herb vaping at low temps, or use a carbon filter when exhaling.
• Smoke downwind and away from shared walls/vents, seal door gaps, and run a box fan out a window.
• Keep fresh product sealed, and store ash in a closed container—lingering odor comes from both.

The big picture

California legalized adult-use, but it also preserves local control and housing-level restrictions. In practice, that means private use is allowed, drift is not a right, and nuisance and contract rules decide most disputes—not state cannabis law. Your fastest wins usually come from clear documentation, collaborative fixes, and invoking the exact policy that governs your building or city.

Audience Question: If you’ve dealt with cannabis odor in multi-unit housing, what actually worked—policy enforcement, building fixes, or neighbor agreements? What should cities prioritize: stricter smoke-free housing rules or better conflict-resolution and ventilation standards?

The post Your Neighbor’s Weed Smoke Is Wafting Into Your Home—Here’s What California Law Actually Lets You Do appeared first on Merry Jane.