Can I call the cops on my neighbors for smoking weed? What CA law says
California law sets clear rules for marijuana use — from how you can travel with weed to where it’s legal to smoke.
What if you don’t partake?
When the scent of a neighbor’s joint wafts into your yard, it can stir up more than smoke — it can raise questions about your rights.
Can you legally stop a neighbor from smoking weed if the smoke reaches your property?
Both you and your neighbor have rights in this situation.
Here’s what California law says about smoking on private property and the steps you can take if the smoke becomes a nuisance:
Can I legally smoke weed on my California property?
According to the California Department of Cannabis Control website, you can smoke weed on private property — including your own backyard.
Where is smoking weed illegal in California?
You cannot smoke weed in public places such as parks, restaurants or bars.
Smoking weed is also prohibited where tobacco use is banned or within 1,000 feet of a school, daycare center or youth center when children are present.
Property owners have the right to prohibit cannabis use on their property. Renters should check their lease agreements for restrictions, according to the California Department of Cannabis Control website.
Most hotels also ban cannabis use in guest rooms.
Policies for vacation rental properties can vary, so it’s best to confirm with the property owner or reception desk.
Though cannabis use is legal in California, it is still illegal under federal law, so you cannot use weed or carry it on federal property — including national parks.
Can I travel across state lines with weed?
Since cannabis remains illegal under federal law, you cannot take cannabis across California state lines.
You can drive with marijuana in your car in California, but it has to be in a sealed package or container or placed in the trunk.
Police can pull you over and conduct a sobriety test if they think you are under the influence of cannabis or other intoxicants.
What can you do if your neighbor’s weed smoke bothers you?
David Rosenthal, the founding attorney of Sacramento-based law firm Rosenthal Law, previously told The Sacramento Bee that you have rights if your neighbor’s weed smoke bothers you.
“The easiest remedy would be to talk to the neighbor and ask them to smoke in such a way that it does not drift over to (your) property,” Rosenthal wrote in an email to The Bee in 2023.
If the neighbor refuses to cooperate, Rosenthal said the neighbor smoking weed could be considered a “nuisance.”
“A nuisance is a private civil cause of action generally defined as an activity by one person that unreasonably interferes with the use and enjoyment of another person’s property,” Rosenthal said. “If you prove that someone committed a nuisance, you may be entitled to damages or an injunction.”
According to California’s Civil Code, anything that obstructs the free use of property and interferes with someone’s life or property is a nuisance.
“Since smoking marijuana on your own property is now legal, this cannot be resolved by calling the police as a criminal matter,” Rosenthal said.
If your neighbor refuses to cooperate with your request, Rosenthal said the situation can become complicated and costly. You might need to hire a lawyer to file a lawsuit.
“While small claims court is a possibility, that seems complicated too,” Rosenthal wrote. “I’m not sure the court would have the ability to hear a case where the plaintiff requests only that the defendant stop smoking marijuana in a way that affects (their) property.”
If there is a claim for damages surrounding the nuisance, Rosenthal said, then the court could order that the neighbor stop smoking in that way.
If the neighbor is smoking weed on private property doesn’t belong to them or their neighbor, Rosenthal said the responsibility to take action falls on the landlord.
“(It) would depend on how strict the landlord is in enforcement of their own rules,” Rosenthal said.
What are penalties for causing a nuisance in California?
According to the California Penal Code, a nuisance can be charged as a misdemeanor.
A misdemeanor is punishable by up to six months in jail and a $1,000 fine.
What are the penalties for smoking weed in public?
Using weed in public can be charged as either an infraction or misdemeanor under Proposition 64, Los Angeles County said on its website.
Penalties can include community service, a fine ranging from $100 to $500 and, in some cases, up to six months in jail.
This story was originally published September 14, 2025 at 5:00 AM with the headline "Can I call the cops on my neighbors for smoking weed? What CA law says."
