Can I Smoke in My Backyard?

Check the laws in your area, here in Colorado it is against the law to use where anyone can see you whether it's on your property or not.
 
the Reason these typse of MDU (Multi Dwelling Units) and low income mobile home communitys follow federal statutes, and that is because they get federal grant money to continue to offer low cost (as if) housing.

if they do not follow Federal regulations, they LOSE federal grant monies.

So again, this is a situation where the Federal Government is imposing its will over a business or community, due to the fact the business or community works primarily with low income individuals. Big Brother being big brother.

on a personal note. i dont blame you for wanting to just relax at home. But, fact is, in your community, its not your neighbors you need to worry about, well besides the ones that are always a pain in the ass, but the heads of the community. if you live in a low income area, that gets federal dollars for being a low income area, you can rest assure, than any drug use ect, will not go un noticed.

it sucks bigtime, but i think its just the way it is atm. you smart and safe bet is to be conscious of your use.


go ahead and use outside, but just dont set and smoke it. prune the bushes at the side of the house while you smoke. being descrete as you do so. but in the end, your still risking a visit from LEO, even if you ARE LEGAL. so i say, use it with an out of sight out of mind logic and you should be relaxed, and safe doing so.
 
Man I would hate having a neighbor who cared if I was smoking. Especially in the summer when everyone has the windows closed.
 
BeaverHuntr said:
Man I would hate having a neighbor who cared if I was smoking. Especially in the summer when everyone has the windows closed.
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great point. only smoke out side in the summer, cuz no one will be out side when its 150 degrees in arizona. and theyll have there windows closed.
 
toastycookies said:
does not matter. It's still a schedule I classified drug. therefore it is still an "illegal drug" when referred to in legal documents.
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Actually, if you are prescribed marijuana, you are protected by your state laws. In Oregon, if you sign a rental agreement, or own a home, you have the legal right to smoke there unless a special agreement exists not to smoke. Even smoking marijuana in a motel room is legal, because you technically signed a one night lease to be in possession of that property. Housing laws differ from state to state, but this would be up to the state to decide, not the feds.

Usually, state laws apply. Schedule 1 just means that the Federal Government does not OFFICIALLY RECOGNIZE any medicinal use. Which is funny when you consider they recognize a medicinal use for cocaine and morphine. This would all be decided by a court in your state, so your states rules will be used.

Good luck, man!
 
The FACT is this.....your HOA COULD evict you, IF they could prove in a STATE court that you repeatedly violated your HOA agreement. In trying to do this, they would have to prove that your marijuana was illegal. In a state court, you would be protected by your medical condition, and could not be discriminated against. Also, the court would make your HOA pay your court and legal fees associated with this, because your HOA would lose, as long as you are a current medical card holder.

I have a real estate license, folks. As well as a B.A. in Business Administration. So the fact is they could try as they want, but your state laws will protect you, if you are a patient. This is the way it works in Oregon, and most other states leave their housing administration to THEIR STATE.

So, again, I would not smoke outside, if I were you. But, if you do, it would take a lot of bad moves for you to get kicked out of your home. I have a rental home, and it is even hard to evict RENTERS, let alone AN OWNER.

Enjoy some smoke, everyone. And enjoy the FACTS.....that it would be awful hard to kick him out, even if they saw him smoke in his yard. They would also bear the burden of proving it was marijuana......how would they know what it smelled like if they are not a smoker.....hahahaha (silly, smart ass reasoning). It could have been a cigarette, which can kill you and them, but it is legal. But how could they know for sure? In a court of law, that becomes a bitch to prove, without evidence.
 
hazorazo said:
Actually, if you are prescribed marijuana, you are protected by your state laws. In Oregon, if you sign a rental agreement, or own a home, you have the legal right to smoke there unless a special agreement exists not to smoke. Even smoking marijuana in a motel room is legal, because you technically signed a one night lease to be in possession of that property. Housing laws differ from state to state, but this would be up to the state to decide, not the feds.

Usually, state laws apply. Schedule 1 just means that the Federal Government does not OFFICIALLY RECOGNIZE any medicinal use. Which is funny when you consider they recognize a medicinal use for cocaine and morphine. This would all be decided by a court in your state, so your states rules will be used.

Good luck, man!
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Do you even know what an HOA is?
 
hazorazo said:
The FACT is this.....your HOA COULD evict you, IF they could prove in a STATE court that you repeatedly violated your HOA agreement. In trying to do this, they would have to prove that your marijuana was illegal. In a state court, you would be protected by your medical condition, and could not be discriminated against. Also, the court would make your HOA pay your court and legal fees associated with this, because your HOA would lose, as long as you are a current medical card holder.

I have a real estate license, folks. As well as a B.A. in Business Administration. So the fact is they could try as they want, but your state laws will protect you, if you are a patient. This is the way it works in Oregon, and most other states leave their housing administration to THEIR STATE.

So, again, I would not smoke outside, if I were you. But, if you do, it would take a lot of bad moves for you to get kicked out of your home. I have a rental home, and it is even hard to evict RENTERS, let alone AN OWNER.

Enjoy some smoke, everyone. And enjoy the FACTS.....that it would be awful hard to kick him out, even if they saw him smoke in his yard. They would also bear the burden of proving it was marijuana......how would they know what it smelled like if they are not a smoker.....hahahaha (silly, smart ass reasoning). It could have been a cigarette, which can kill you and them, but it is legal. But how could they know for sure? In a court of law, that becomes a bitch to prove, without evidence.
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exactly, it IS against his HOA if there are terms in there relating to illegal drug use... the answer is in his HOA, which he has not posted, so none of us can answer this question except him.
 
toastycookies said:
exactly, it IS against his HOA if there are terms in there relating to illegal drug use... the answer is in his HOA, which he has not posted, so none of us can answer this question except him.
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I think you are being a little too absolute with your opinion (which is off base a little), which is why I had to explain at length that you are right, to an extent, but you are also wrong. Wrong because it is not a FACT that they would kick you out. It is a possibility, and a small one. Very small.
 
hazorazo said:
I think you are being a little too absolute with your opinion (which is off base a little), which is why I had to explain at length that you are right, to an extent, but you are also wrong. Wrong because it is not a FACT that they would kick you out. It is a possibility, and a small one. Very small.
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Again, it all depends on what is in his HOA. None of us know what is in it.

here's an example of what i am trying to get across.

http://www.ktnv.com/story/12935262/smoking-medicinal-pot-gets-terminally-ill-man-evicted

best option is just to keep it to yourself and not flaunt it around the neighborhood.
 
toastycookies said:
Do you even know what an HOA is?
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I live in a very strict community ( Upper Middle Class ) and I have always smoked in my back yard while swimming, I even smoke with the doors open in the winter and spring. No one has ever cared and I cant imagine someone caring unless the stench was 24/7. If you are that worried then why dont you just make some sort of do it yourself odor blocker. I know people who smoke/grow who live in apartments and they keep a liitle Ona Jar near them when they smoke. Or just buy a cheap small carbon scrubber/fan and exhale into that. I think you are worrying too much about something that people have been doing for years and years.
 
All I can say to the previous posters is DOT DOT DOT.


It would be very helpful to you if you read the stipulations that were put into place April 8th by the state.

Arizona's law states that you may use marijuana in the privacy of your own home. You cannot be terminated or denied a job or home based on the fact you use marijuana as long as the landlord, property manager, or employee does not lose federal benefits by contracting with you.

You cannot use your marijuana in any place that is considered visible to the public. Doing so is grounds for revocation of your permit, possible legal action and future denial of MMJ permits.
 
toastycookies said:
does it contain anything about not doing illegal drugs? if does then your answer is no, you cannot smoke weed under your HOA agreement.

Yes, it is the best I could come up with because it is the ONLY thing that will answer the question you asked. No one else on this forum knows what you signed, only you do.
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In Arizona, medical marijuana is not an illegal drug. Unless your HOA is a federal contract (which I will grant is possible but highly unlikely), it cannot curtail your rights under a state law.
 
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