Pot-Smoking Roommates

[sandyclaus]

What is the name of your state (only U.S. law)? California

I live in a shared household with 4 other roommates. I have an issue with habitual marijuana smoking that goes on with 2 of those roommates, along with their guests on a regular basis and want advice on how to best deal with it.

The primary roommate has always smoked pot since I moved in, but was always considerate about doing so where it wouldn't affect my son & I. She does so on a daily basis, sometimes 2 or 3 times a day.

A new roommate moved in about 5 months ago, who claims to be recovering from leukemia. She smokes pot daily. I do not believe that she possesses a medical marijuana card that permits her use for her condition.

Both of these roommates now smoke together, along with their respective friends/significant others. When they do so now, it's in the house and the entire house reeks like pot for hours afterwards. I do not partake, nor do I enjoy the smell. It stinks, and I have to keep my pets in my room or risk their exposure to the drugs. (The roommates together have 3 dogs and 6 cats who are regularly exposed.)

Before you say it, moving isn't currently an option (for financial reasons). I am somewhat familiar with the marijuana possession laws for my state, and unless the offender is caught with 1 oz or more, it's a misdemeanor and the offender cannot be arrested for the offense. The penalty is a ticket and a $100 fine - a mere slap on the wrist. I have no idea if they are in possession of over 1 oz, but the fact that one of my roommates has a medical condition for which symptoms can be treated with pot means that she wouldn't likely be prosecuted at all (medical marijuana card or not). What the police don't realize is that the sick one shares her stash - with people who do NOT have a medical condition. In fact, this is how my primary roommate gets her supply now.

So, how can I go about having charges brought against the lot of them that will make a difference? I can certainly consider a civil action for nuisance, but criminal charges would be preferable, and would certainly support my case. Keep in mind also that the police often do not respond here to a non-emergency call for up to 2 hours after the fact, time during which the telltale odor could dissipate. I do know and have firsthand knowledge of where the primary roommate keeps her supply and paraphenalia, but is that enough?

 

[JETX]

Wait until the next 'party' and call the police.

 

[MrsHoff]

i think if you called the police while it was happening you risk being charged as well since you live in the house. If you have a child in the house and they know that then that is child endangerment. rather than calling the police, go down the the station, (preferably when you know the other room mates will not be home and you will have access to their "stash") and explain the situation. They are more likely to take action knowing a child lives in the house. If they leave with their stuff try to get pics as evidence. However, you should be able to talk to your room mates about this and the fact that it bothers you so much. if they arent willing to stop then im not sure why you live with them in the first place.

 

[outonbail]

The primary roommate has always smoked pot since I moved in,

You were aware of the fact that marijuana was being consumed, yet you made the conscious choice to move in there with your child.

If your roommate is self medicating with the use of marijuana and the drug helps their condition, you can either accept the fact (like you did when you decided to move in) or you can start looking for another residence.

Since you were the one who chose to bring your son into an environment where he would be exposed to marijuana use, it may be you the authorities will be questioning.

I suggest you find a new place for you and your son to call home. Find one where there is no activity taking place that could be detrimental to your son.

 

[CdwJava]

Move.

If you are allowing your child to remain in a place where there is all this pot smoking and dope use going on, you run the very real risk of losing the child and being charged with child endangerment. We removed two children a couple of months ago for a similar situation, but one in which only one roomie was smoking the dope. This sounds much more serious.

As I said, move.

If moving is not an option, then turn the kid over to someone who can take care of him until you can get a new place through HUD or social services. Yes, you CAN be charged, and in this day and age where exposing your child to second hand cigarette smoke can be considered child endangerment, just imagine what could be charged for exposing your child to dope!

- Carl

 

[sandyclaus]

Before We jump To Conclusions...

I've gotten several responses that have basically accused ME of being a bad mother, endangering my child by allowing him to be exposed to the pot smoking. Before this goes any further, allow me to correct those assumptions.

My son is 22 years old, NOT A CHILD. He stays with me sometimes because where I live is closer to his friends than where he lives. I do not force him to live in this environment, when he is here it's by his own choice. As my guest, he should not have to put up with the offensive pot smoking, either.

As mentioned before, moving is not an option due to my current financial situation. I can afford to be here, but can't afford the expenses to move at this time. That said, I am looking, because the pot smoking is way out of hand, but am seeking advice on dealing until that time comes when I can afford to move.

So, given this clarification, I take it that I am still being advised to call police. Again, as I said in my original post, my concern is that a $100 ticket for a misdemeanor offense doesn't appear to be a sufficient deterrent to keep this from happening. I believe that both roommates have previous tickets for the offense. I know where one keeps her stash and water bong. When I call, will giving this information help or hurt my position?

Does the fine go up for 2nd and subsequent violations? What's the worst thing thay could happen if I do report this? And can I expect anything to happen to the sick one?

 

[CdwJava]

My son is 22 years old, NOT A CHILD. He stays with me sometimes because where I live is closer to his friends than where he lives. I do not force him to live in this environment, when he is here it's by his own choice. As my guest, he should not have to put up with the offensive pot smoking, either.

Then you can both ask the roomie to quit, or, you can move.

If the roomie has a valid 215 card, the police are not likely to act on the smoking.

Marijuana use is on just about the same legal scale as a traffic ticket ... in fact, many traffic infractions have greater fines and fees, and they stay on your record for three years whereas marijuana remains for two. So, the police are NOT going to be too excited about people sitting around sharing a pipe. In fact, the police are not likely to be legally permitted even ENTER for marijuana use if they are denied entry at the door.

That said, I am looking, because the pot smoking is way out of hand, but am seeking advice on dealing until that time comes when I can afford to move.

Don't expect the police to do much about people smoking pot in their home. Unless you can provide evidence or testimony of sales or other transactions, the police just are not going to get too excited about this. Some counties more aggressively pursue marijuana than others, but most have sort of given up the ghost because it is a huge pain in the tail and the courts have effectively legalized marijuana use in most instances.

So, given this clarification, I take it that I am still being advised to call police. Again, as I said in my original post, my concern is that a $100 ticket for a misdemeanor offense doesn't appear to be a sufficient deterrent to keep this from happening.

Assuming, of course, they even issue the ticket. If the person has the 215 card, they probably will not issue a ticket. But, some counties are more aggressive than others, and if she does not have the state approved DHS card, then they just might give the ticket and seize her marijuana forcing her to raise an affirmative defense at court.

I believe that both roommates have previous tickets for the offense. I know where one keeps her stash and water bong. When I call, will giving this information help or hurt my position?

How are your roomies going to like it when you walk around the house pointing out their stash?

Note that possession of marijuana bongs and pipes is not a crime. Also, if these things are kept in rooms that ostensibly are under the sole control of the roommates, the police would need a warrant to seize any marijuana in such a place anyway. For marijuana, chances are they are not going to waste hours for a search warrant just to issue a ticket.

Does the fine go up for 2nd and subsequent violations?

Nope. It's $100 each and every time. But, with fees and assessments, the total is likely to be closer to $400 each time.

What's the worst thing thay could happen if I do report this? And can I expect anything to happen to the sick one?

The worst thing might be that the roomies gang-foo you in the middle of the night for being a snitch. And it is possible that the sick roomie's stash may be seized and she may be cited as well.

Best bet remains to find another place to live that is free of dopers..


- Carl

 

[outonbail]

Who owns the home you are living in? Have you brought your concerns up to the land lord/manager?

Is this stash and bong in a roommates personal bedroom, or in a community area of the home?

Have you informed your roommates of your objection to their smoking marijuana in the home and that you intend to notify the authorities if they don't stop?

Have you considered what the repercussions of reporting your roommates marijuana use to the police may bring?

Are you trying to get them to stop entirely or just cut back to a tolerable point?

Are you concerned at all with whatever penalties your roommates might suffer from you bringing the police into their home? Such as being arrested, posting bail, fines, criminal record, loss of employment, jail time?

What are you hoping to accomplish?

If the roommate with the medical condition does have or eventually receives a medical marijuana card, how are you going to stop them from smoking in the home?

I don't see how this situation will ever correct itself, short of you looking for another place to live. I do see where this situation can cause a lot of hate and tension in the home and possibly even a physical altercation. I can see it costing a bunch of money to all involved and I can see it resulting in criminal arrest records which can cause problems for a persons entire life.

While simple possession and smoking of marijuana in one's own home will most likely never result in prison time or the ruining of someone's life, I think it is possible way before the chance that involving the police, will bring everything in the home just to your liking.

IMO, focusing your energy toward finding the money/means to move, would be a more productive way to spend your time.

 

[N2l83]

Dont be that tattle tail.
Move back in with family until you can save money to move out again.
or get a humidifier for your living quarters. If you call the police on something so dumb as that then you are going to start problems with the people you live with and that will be more dramatizing for your child, and yourself.
Try and just ask them to smoke outside. if they dont then well then live there until you can afford moving out again.

 

[CdwJava]

Dont be that tattle tail.
Move back in with family until you can save money to move out again.
or get a humidifier for your living quarters. If you call the police on something so dumb as that then you are going to start problems with the people you live with and that will be more dramatizing for your child, and yourself.
Try and just ask them to smoke outside. if they dont then well then live there until you can afford moving out again.

Even if they smoke it outside, they will be holding it inside so the situation of being in a place where there is dope would not change ... and, of course, smoking it outside would attract the attention of neighbors and the police, so I wouldn't expect them to abide by that request.

- Carl