Can I Smoke in My Backyard?

[toastycookies]

why would the cops care if hes smoking a doobe? i dont get it. what would he be doing wrong?

the cops probably wouldn't care until some of his gated community neighbors started bitching about it to the HOA. There could be only one of them, but if that one person in his HOA bitches to the HOA and clearly points out that he is disobeying the rules of the HOA which he signed to, he will be found in violation of HOA rules which is grounds for eviction. HOA wants to evict him, they call in the local PD who evicts him on grounds of breaking HOA rules, NOT STATE LAW.

An HOA agreement is a legally binding contract.

 

[ChubbySoap]

the cops...what does that have to do with anything?
The questions was can he smoke outside in his back yard in a HOA home and get away with it cause he has a state card...

the answer is no....no he can't if someone raises a stink about the stench from his backyard...it's in the agreement signed
what's the problem?

the main concern would be the HOA and the neighbors...cops are just the middlemen...HOA works on fed law.
we know what the feds say about pot....guess what the court says?

 

[medicalgrowman]

I am just trying to truthfully answer the question asked.

No one else has provided any facts.

Of those who have answered, I doubt many of them have even read through the legality of an HOA agreement. I will never live in a gated HOA community because I have.

Have you ever read through one?

I'm not preventing anyone from smoking anywhere. That is their decision and theirs alone.

And it's not about the feds busting down doors. It's about his gated community evicting him, which would be local police, not feds.

No one has provided any facts?
How about this. It's a FACT that the state of Arizona has passed a new LAW that Marijuana is LEGAL to use by medical patients who have been approved to do so by the legal authorities of the state of Arizona. That is a FACT.
It you persist in ignoring this FACT. Then I consider your input to be invalid.
In response to your point that it's still illegal as far as the federal government is concerned.
Firstly, it is a FACT that the President of the United States has directed that all federal agencies keep a "hands-off"
approach to state-legal sanctioned medical marijuana patients. Or did you forget about that?
It's also a FACT that the government is here to serve the people. The people are not here to serve the government.
Even though the federal government does not approve of medical use of marijuana.
It's NOT their ultimate decision to make. In the short term, they will try to make their will happen even if it's
in opposition to the will of the people who elected them,
but It's the people's decision to make ultimately.
This is not a dictatorship where the government can get away for very long with making laws
that are against the wishes of the people whom it serves.
I never meant this to be a big political debate btw! HeeHee!
I only wanted to know if it's legal according to Arizona State law for as med marijuana patient
to smoke in his/her backyard?

 

[a mongo frog]

you can sue the HOA for that shit. cuz the only reason he smokes out side is because he is taking care of his 92 year old grandmother, and he doesnt want her to know cuz she would worry about his pain. no one wants grandma to worry. gosh you are so insenceative. ( did i spell that right.)

 

[ChubbySoap]

when did the president tell your HOA and pissy nosy left winged neighbor to back off?

in a court of law, you'll be out your house...pure and simple
granny too...

 

[racerboy71]

why would the cops care if hes smoking a doobe? i dont get it. what would he be doing wrong?

well, i'm not sure, as i haven't read his agreement, but it sounds like he could be breaking his hoa agreement by using an illegal drug in/ on their property.. even though mj is legal in the state of az, it is still illegal on the federal level, which is what really matters here..
now, i'm not saying that anyone will come by and kick down his door, be it the local popo or the feds, but i would go so far as to say that he could easily be evicted from his pad by breaking his hoa agreement, if that is indeed in the agreement that the op had signed.. it doesn't matter to the hoa if it is legal on the state level, take it to a court, and i'm sure that the federal law will always trump state law..
i just don't see the reason to push things honestly.. why be like that.. keep it on the down low, and you'll avoid any problems at the end of the day is my opinion..

 

[a mongo frog]

when did the president tell your HOA and pissy nosy left winged neighbor to back off?

in a court of law, you'll be out your house...pure and simple
granny too...

granny signed the lease.

 

[toastycookies]

No one has provided any facts?
How about this. It's a FACT that the state of Arizona has passed a new LAW that Marijuana is LEGAL to use by medical patients who have been approved to do so by the legal authorities of the state of Arizona. That is a FACT.
In response to your point that it's still illegal as far as the federal government is concerned.
Firstly, it is a FACT that the President of the United States has directed that all federal agencies keep a "hands-off"
approach to state-legal sanctioned medical marijuana patients. Or did you forget about that?
It's also a FACT that the government is here to serve the people. The people are not here to serve the government.
Even though the federal government does not approve of medical use of marijuana.
If not their ultimate decision to make. It's the people's decision to make.
This is not a dictatorship where the government can get away for very long with making laws that are against the wishes
of the people whom it serves. It never meant this to be a big political debate btw! HeeHee!
I only wanted to know if it's legal according to Arizona State law for as med marijuana patient to smoke in his/her backyard?

well if you wanna play like that.

It is a FACT that your HOA can evict you for breaking THEIR rules YOU signed to.

example. there is no law that says you cannot grow your lawn to 6" tall. Some HOA's require a maximum grass length of 5" or less.


I'm not trying to be a dick dude, but READ your HOA. see if there is anything in there referring to criminal and/or drug behavior.

In the end, your answer is in the documents you signed.

Smoking legal or not, if it is against the HOA agreement you signed, you can and will give them grounds to evict you if you break the contract.

 

[ChubbySoap]

so? that just makes her liable.
ignorance is no excuse in a court of law once you've made as far as having a court date

no one's gonna come knocking unless someone disagrees with the odor of a bowl or few wafting in the wind.
he should be more concerned being neighborly and getting to know his surroundings if i were to have an opinion on it all...

 

[ChubbySoap]

not to mention the fed backed bank who gave the loan....no one told them what to do

gods forbid if they get word what their money is being used for....eeek
o.o

 

[medicalgrowman]

well if you wanna play like that.

It is a FACT that your HOA can evict you for breaking THEIR rules YOU signed to.

example. there is no law that says you cannot grow your lawn to 6" tall. Some HOA's require a maximum grass length of 5" or less.


I'm not trying to be a dick dude, but READ your HOA. see if there is anything in there referring to criminal and/or drug behavior.

In the end, your answer is in the documents you signed.

Smoking legal or not, if it is against the HOA agreement you signed, you can and will give them grounds to evict you if you break the contract.

Again, as I said previously, there is currently no HOA rule against Arizona sanctioned medical marijuana use.
I'm sure there IS a rule against illegal drug use as in recreational drug use. But this is not a recreational drug use
issue. I'm not looking to piss-off my neighbors just to prove a point or assert my rights.
I want to be discrete as possible.
Just as if I were to enjoy a glass of wine in my back-yard,
I would want to keep it as low key as possible and behave like a responsible adult.

 

[toastycookies]

Again, as I said previously, there is currently no HOA rule against Arizona sanctioned medical marijuana use.
I'm sure there IS a rule against illegal drug use as in recreational drug use. But this is not a recreational drug use
issue. I'm not looking to piss-off my neighbors just to prove a point or assert my rights.
I want to be discrete as possible.
Just as if I were to enjoy a glass of wine in my back-yard,
I would want to keep it as low key as possible and behave like a responsible adult.

And as previously stated multiple times in this thread, HOA refer to federal laws on the majority, NOT state law.

This is not about state law. This is about your HOA, correct?

Read your HOA if you want the definite answer.

As for me, I would gladly have you as my neighbor and the only thing that I would do if i smelled that sweet stench coming from your yard is bring over a couple grams and ask to be invited to the party

 

[a mongo frog]

im comming over too. what time should i get there? are we going to eat, or do we have to bring our own food.

 

[wragler]

In an analogy. Can you walk around in a glass house naked? I bet money that if your neighbors called local police they would explain to you why you cannot smoke weed outside your house. The thought to be untouchable because you have a mmj card is false. Most Hoa' s that I have dealt with would warn you on the first report. Fine you on the second. If the reports continue they would take you to court and ask you to leave. It's your contact. Read it. Not trying to step on anyone's dick. Just a bit flustered be the bullet proof medical marijuana card.

 

[a mongo frog]

In an analogy. Can you walk around in a glass house naked? I bet money that if your neighbors called local police they would explain to you why you cannot smoke weed outside your house. The thought to be untouchable because you have a mmj card is false. Most Hoa' s that I have dealt with would warn you on the first report. Fine you on the second. If the reports continue they would take you to court and ask you to leave. It's your contact. Read it. Not trying to step on anyone's dick. Just a bit flustered be the bullet proof medical marijuana card.

your a fed.

 

[ChubbySoap]

I don't care what he is/isn't.
if so, he's being unusually helpful for one....he's however, quite correct.

 

[wragler]

Lmfao!!!!!!!

 

[IVIars]

Go knock on your neighbors door and tell them you are a MMJ patient and that if they smell anything, it is you. Then ask if they have a problem with you smoking outside, if they, do out of respect, dont smoke. If they dont have a problem, go for it

 

[BeaverHuntr]

I want to get my MMJ license I have read some of the stuff regarding the rules. I have been on anti depressants for over 6 years . is there anyone you recommend talking to?

 

[SnarfleBug]

I want to get my MMJ license I have read some of the stuff regarding the rules. I have been on anti depressants for over 6 years . is there anyone you recommend talking to?

Try going here for that question.