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Update: Anyone know the laws for pot in CA?

mmmynyxmmmynyx member
edited November 2015 in November 2015 Moms
Hey y'all...I've been having this horrible issue with my neighbor and I was wondering if anyone who lives in San Diego, CA knows the laws for marijuana use.
Google has seemed to fail me and I'd like more advice before asking the police.
I'll start from the beginning and try to make it short...I'm sorry for the length of it ahead of time.
My husband and I had moved into this nice 2 bedroom 2 bathroom apartment while I was 5 months. Everything was moved and for the first month or two it was going well. We share 1 wall with the neighbor and the room we share a wall with is the nursery. They're heavy smokers and smoke on their patio so I've had to shut all our windows to keep the smell out. And just recently we started smelling weed. At first we thought it was coming through the windows, but they were all closed still. After my husband and i located where the smell was coming from, we realized that it was seeping through the vents from our 2nd bathroom (the one I plan to use for the baby). We didn't want to have a confrontation so we put the second bathroom on lock down to keep the smell from going into the nursery. I emailed our leasing manager and they thought that sealing OUR vent would help the situation like WE were the problem. Well, it didn't work. The smell still comes through, as strong as ever. I've emailed management maybe 4 times trying to get them to do something but I've had no luck. They tell me that if they have the medical card there's nothing they can do. But there HAS to be something they can do. Don't I get rights as a resident to live in my home comfortably? I'm literally caged in my own apartment because of these guys and I'm tempted to just call the police or go and talk to them myself....I don't know what kind of people they are so it scares me a bit.
Does anyone know anything I can do? I am so stressed and it feels so horrible knowing that my daughter is going to be born soon and I can't even give her, her own bathroom to bathe her in.
Moving is not an option since we just moved there and I'm so far into the pregnancy (39 weeks 2 days). There's also a $2000 dollar early termination fee and that's just money we do not have to spend. PLEASE HELP ME!

UPDATE: so my leasing manager called me today and told me that she is speaking to the supervisor of the apartments and they will be giving me a solution tomorrow. hopefully it's something that my husband and I can both be happy about. I really don't want to have his cammies and our daughters nursery smelling like pot. He can get in trouble with his higher ups and I can get in trouble with cps if someone smells my baby and thinks I'm smoking pot around her...
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Re: Update: Anyone know the laws for pot in CA?

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    mrsaragonmrsaragon member
    I would just call the non emergency number to the police department and ask them. That way you'll get a 100% correct answer. Maybe even talk to your neighbors first with your husband, so you're not alone, to see if they'd be more considerate.
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    mmmynyxmmmynyx member
    edited November 2015
    @mrsaragon I was planning on going straight to apts management first and calling the police department non emergency number if they didn't give me a good answer.
    I was also thinking about just leaving a little note b/c I'm a coward and he's kind of the same. :neutral:
    Thank you for the tip! :smiley:
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    Pontot31Pontot31 member
    Doesn't really matter what the state laws are. It's still illegally federally.
    Call the police non emergency number and your landlord.
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    itstheblackwidowbabyitstheblackwidowbaby member
    Also, I'm willing to bet if you made a big enough stink about this so to speak that you'd at least be able to move apartments within the complex free of charge. Annoying, yes. But as far as I know there are no studies on the effects of marijuana on newborns.

    In a situation dealing with drugs, I'd call the non-emergency police line first. That way if you end up needing to talk to your neighbors yourself first you can know the law for 100% certainty. Most apartments where I am don't allow smoking indoors period, I'm kind of surprised that smoking indoors is allowed even with with a medical card where it's legal. Getting smells out of crapbox apartments is annoying.
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    august111966august111966 member
    Talk to your neighbors. It sounds like they have no idea that you're going through all of this and you haven't really given them a chance to try and help fix the situation. My guess is if you bring up concerns about your newborn baby, they will accomodate and change their smoking habits or smoking location. Most sane people don't want to endanger babies. If for some reason they are jerks about it, then call the non-emergency police line and have them help you sort it out.
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    bellie1223bellie1223 member
    In addition to what pp have said, since the management company does not seem to care, I might contact a lawyer too and ask about tenants rights. If the neighbors won't change their habits and mgmt won't do anything, you may have some legal recourse to break a lease or compel them to let you move apartments.
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    mmmynyxmmmynyx member
    @Pontot31 In CA it's 'legal' if you have a med card. It's like a prescription. They're super easy to get. I used to have friends that would get those things like candy. :neutral:
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    dramaphiledramaphile member
    Have you tried talking to the neighbors? It might not help, but we've had success when our downstairs neighbor was smoking in her apt and it was coming up through our vents. We wrote her a note about it, and the smoking stopped and she apologized. They may not know that the smoke is coming up into your apartment until you tell them.
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    MercyC1130MercyC1130 member
    If you do end up calling the police, which personally I would do only after the landlord talk and even talking with the neighbors themselves first, I would call the Sheriff department instead and ask specifically to speak to someone who is knowledgeable and up to date on the ever-changing marijuana regulations. Most officers truly are not very knowledgeable on the specifics of the regulations. 

    That said, there is probably little to nothing that they can do. What they might do is do a house check to the neighbors and ensure they are within their legal rights as far as amount and who residing there has a medical recommendation. As long as they are within their legal limits, there is really nothing they can do...maybe a disturbance citation or something?..Otherwise, think of it like this; if you had some quirky old lady neighbor who wore too much perfume that was seeping into your apartment, there would probably also not be too much that could be forcefully done. I would assume that is how they might treat it..
     
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    mmmynyxmmmynyx member
    UPDATE 2: So the maintenence man came back to seal every Crack and crevice in that bathroom especially the vent. So far so good. I just gave birth today to my little spawn today so I'm hoping that the smell would be gone. I did ask if it would be alright to write a letter to them but they advised that because we don't know how they are that I should just keep calling and telling them so that they could try and find other solutions.
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