On Wednesday the Oregon Court of Appeals decided that the smell of burning cannabis was not to be considered an “olfactory assault” because it is no more “unpleasant” then many others smells people encounter in their lives.
The court made the decision due to the face that there are clearly more worrying and harmful odours out there which warrant more attention by authorities. Cannabis smell does not fall in the categories of odours which can be considered “physically offensive,”.
“We are not prepared to declare that the odour of marijuana smoke is equivalent to the odour of garbage,” the ruling stated. “Indeed, some people undoubtedly find the scent pleasing.”
This decision has come after many cases of police being called to residencies because of neighbours complaining about the cannabis smell. In one such case, officers were called to Jared William Lang’s house after neighbours complained they could smell marijuana coming from his apartment.
The warrant was obtained under the fact that Lang may have been generating a “physically offensive” odour. However the court said their was not enough evidence to prove that Lang’s pot smoke was “intense or persistent” enough to be considered offensive.
“Who determines whether a particular odour is offensive” the judges wrote. “Although some odours are objectively unpleasant, rotten eggs or raw sewage come to mind, others are more subjective in nature.”
If anything seems silly here, it’s that cigarettes are such an accepted part of our society yet no one bats an eye when someone lights one up or walks by with one in their hand. Cigarette smoke is absolutely revolting compared to cannabis smell.
How do you feel about the smell of burning cannabis? Which kinds are your favourite? or do you just hate the smell all together? Let us know below in the comments.
Source – HighTimes