can cops hassle you for smoking pot in your house or apartment?

easymcswizzlefoot asked:


i live in a apt. with 2 roommates.and we are all casual marijuana enthusiasts.we have an new neighbor upstairs who is (to say the least) a control freak.she demanded we have to stop smoking pot(not stop smoking in the house,but stop smoking all together) or she would call the cops.MY QUESTION: can cops arrest you for smoking in your house?
there are a couple helpful answers and several that kinda missed the point of the topic.but thanks for the responses guys.

13 Responses to “can cops hassle you for smoking pot in your house or apartment?”

  • pogmothoingod says:

    Yes.

    It’s illegal lad.

  • Co♫Ca says:

    Yes considering weed is illegal.. They can arrest you no matter where you are

  • cousinbonehead says:

    I googled it. It turns out, some states have had a say on this IN YOUR FAVOR. Check out this story:

  • David P says:

    Yes. Your neighbor could probably give them cause to get a warrant.

  • Curly says:

    of course! it’s illegal dude, id try to quit soon man.

  • whatagal828 says:

    Unless she drops a dime on you to the cops, your home is your private refuge. There’s already enough policing going on. If she can smell it, then I highly (no pun intended) the use of incense, Oust or some other fragrance diffuser. As long as you’re not selling….

  • dddbbb says:

    have fun in jail

  • J.C. P says:

    Yes. Move. Or use fabric softener sheets stuffed into paper towel rolls. Exhale through the tube. The entire apartment will smell like you’ve been doing a lot of laundry.

  • Sammie says:

    Yes, but they need to have a warrant to get into your apartment. (I took a class on contitutional law last semester and my memory on this is a little blurry. It is either that they only need a arrest warrant but they might also require a search warrant.)

    Anyways, if the cops had the right to enter your apartment, you would know it because they would not be knocking or asking to come in. They would simply bust down your door with a battering ram. That means, NEVER answer the door unless you look through the peep hole first and it is someone you know. It could be police officers and even an undercover up. If you answer the door, they will put their foot in the threshold and walk in. You always have the right to refuse to let them in when they don’t have the proper warrant(s).

    They would need probable cause that you have marijuana in your apartment in order to get a warrant. So if your neighbor calls the cops and gives them probable cause, they can then go get a judge to sign a warrant that allows them to enter your property.

    So, it is defnitely a crime to smoke marijuana in your house. However, the police will only find out about it if they have the proper authority to bust into your house (a search and/or arrest warrant) Your neighbors statement to the police could be enough because she knows you personally and will provide details about you to indicate to the cop that she knows information about you. (A cop can’t get probable cause from an anonymous tip, but if the tipper can provide their name and information about the crime/suspect to indicate that they have personal knowledge about it, then it can be probable cause.)

    I would get rid of the drugs ASAP. You don’t know what your neighbor is planning. Also, I don’t know the specific amounts but if you have a certain level of marijuana they can charge for more serious crimes than simple possession, such as distributing w/ intent to sell etc. They can say you are running a “drug house.” It is ridiculous, I know. That is why you need to throw out your drugs or keep them in a secure location: like a friends house where none of his neighbors know he smokes marijuana/ has drugs.

    Don’t take any chances!!

    KNOW YOUR RIGHTS! NEVER OPEN THE DOOR TO A COP OR ALLOW HIM TO COME IN. YOU HAVE THE RIGHT TO REMAIN SILENT, SO IF A COP ASKS YOU QUESTIONS, SIMPLY STATE YOUR NAME (YOU SOMETIMES HAVE TO SAY YOUR NAME) AND THAT YOU DON’T WISH TO ANSWER ANY QUESTIONS. DON’T SAY ANYTHING THAT WILL INCRIMINATE YOU. DONT ADMIT TO USING OR POSSESSING DRUGS.

  • xxbbygrlxx662 says:

    if you live in the US, then yes. its illegal in every way possible. UNLESS, you have a medical illness in which case a DOCTOR prescribes you to use it for a pain reliever.

  • ? says:

    contrary to the belief of some people on here…. the cops CAN and will come into your house if someone complains about you or they have a reason to believe you are doing something illegal on your own property.
    ITS CALLED PROBABLE Cause. If they believe you are doing something illegal they can come in your house if you let them in or not.

  • tracy says:

    Yup. They sure can.

    It’s illegal.

    EDIT: okay, see your point — which was not included in your original question. No, cops cannot hassle you for smoking tobacco in your own house, but they can hassle you for smoking pot in your own house.

  • Dan H says:

    Yes, of course they can arrest you for smoking pot in your own house.

    Now, they have to have probable cause or an invitation from someone inside the house for entering your house in the first place, but that’s not hard.

    A neighbor who complains about the smell to the cops, the cop walks by your window, smells the pot and knocks on the door. You open it and he smells more. That’s about all it takes.

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