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Home 🌿 Recreational Marijuana News 🌿 Philomath man's case involving marijuana smell draws statewide attention 🌿Philomath man's case involving marijuana smell draws statewide attention
The Oregon Court of Appeals last week threw out second-degree criminal mischief charges against a Philomath man following a ruling that the smell of marijuana smoke can’t be considered “physically offensive.”
Philomath police obtained a search warrant in the November 2012 case based on complaints of the odor drifting into a neighbor’s apartment. While searching Jared William Lang’s residence, police discovered cans of spray paint and stencils and that had allegedly been used to create graffiti on street signs, walls, fences and other places around town.
The ruling is seen as one with statewide impact, especially following the legalization of recreational marijuana on July 1. The smell has become more widespread, primarily to those who live near pot smokers.
The judges’ opinion refers to officer Matt Moser’s affidavit involving the Nov. 23, 2012 incident, which began with one of Lang’s neighbors calling police at 7:30 p.m. to report marijuana smoke...
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