Can I Smoke in My Backyard?

As an AZ approved mmj patient, I understand that am allowed to have and consume medical marijuana as long as it is not in a public place. I live in your typical HOA housing tract. Is it legal for me to sit in my fenced-in backyard
and smoke my medicine? In my case my fences are 6' high cement block walls, in which nobody can see what i'm doing, but I'm sure they will be able to smell what I'm doing

check the HOA agreement you signed...

As long as you are on your property you own or rent, you should be ok. It is considered private property for a reason. At least that is what I would think, but I live in Oregon. I would keep it as private as possible, though. You may attract some thieves attention, also.

toastycookies said:

check the HOA agreement you signed...

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I'm sure the HOA agreement didn't include anything about state sanctioned medical marijuana use.
Is that really the best you could come up with?

hazorazo said:

As long as you are on your property you own or rent, you should be ok. It is considered private property for a reason. At least that is what I would think, but I live in Oregon. I would keep it as private as possible, though. You may attract some thieves attention, also.

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Thanx, I plan to keep it as discrete as possible.

medicalgrowman said:

I'm sure the HOA agreement didn't include anything about state sanctioned medical marijuana use.
Is that really the best you could come up with?

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does it contain anything about not doing illegal drugs? if does then your answer is no, you cannot smoke weed under your HOA agreement.

Yes, it is the best I could come up with because it is the ONLY thing that will answer the question you asked. No one else on this forum knows what you signed, only you do.

I'd blaze away til they tried to tell me to do otherwise & then I'd STILL blaze away! you're medical homey; it's your backyard. it's always better to ask for forgiveness than permission!

toastycookies said:

does it contain anything about not doing illegal drugs? if does then your answer is no, you cannot smoke weed under your HOA agreement.

Yes, it is the best I could come up with because it is the ONLY thing that will answer the question you asked. No one else on this forum knows what you signed, only you do.

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You say "illegal drugs"... My state of Arizona has given permission to LEGALLY consume it for my medical condition.
This is the Arizona Medical Marijuana Patient Forum.
This isn't the Arizona party-time forum. It seems you aren't grasping the distinction between recreational use
and legal use according to the state in which I live. Do you even live in Arizona? It seems that you don't have
a clue about the fact that AZ has declared it LEGAL for those who are approved by this state.
If you don't have something productive to add to the conversation, please refrain. Thanx.

medicalgrowman said:

You say "illegal drugs"... My state of Arizona has given permission to LEGALLY consume it for my medical condition.
This is the Arizona Medical Marijuana Patient Forum.
This isn't the Arizona party-time forum. It seems you aren't grasping the distinction between recreational use
and legal use according to the state in which I live.

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does not matter. It's still a schedule I classified drug. therefore it is still an "illegal drug" when referred to in legal documents.

toastycookies said:

does not matter. It's still a schedule I classified drug. therefore it is still an "illegal drug" when referred to in legal documents.

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Why are you even here dude? If you have something against the state sanctioned use of medical marijuana,
then you are in the wrong forum my friend. Your comments are not answering my question other than
to tell me that you have some sort of axe to grind against medical marijuana. I respect your right to have
that opinion. But I don't acknowledge your right to get up on your anti medical marijuana soap-box in MY thread
when I am asking an honest question. So PISS-OFF!

bobbypyn said:

I'd blaze away til they tried to tell me to do otherwise & then I'd STILL blaze away! you're medical homey; it's your backyard. it's always better to ask for forgiveness than permission!

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Thanx Bud!

medicalgrowman said:

Why are you even here dude? If you have something against the state sanctioned use of medical marijuana,
then you are in the wrong forum my friend. Your comments are not answering my question other than
to tell me that you have some sort of axe to grind against medical marijuana. I respect your right to have
that opinion. But I don't acknowledge your right to get up on your anti medical marijuana soap-box in MY thread
when I am asking an honest question. So PISS-OFF!

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I am sorry if the answers you received were not what you wanted to hear. All I am giving are honest answers, based on actual FACT and not assumptions like the post you just concocted...

When you asked one of your parents for something and they said NO, did you goto the other and ask the same question, just to see if you could get a different answer?

no...he's right...it's in your HOA paperwork believe it or not...it really is illegal...

don't be mad and raging on peeps cause someone kindly answered your question, and you simply don't like the answer/can't wrap your brain around/refuse to accept facts/understand how laws actually work/whatever it is that set you off, man.
...after a fit like that one, do you really expect anyone to ever answer another of your questions?
jesus....go burn a bowl yo, and try again....shit varies from county, state, city, bank, hoa, and whatever you can think of...you have the paperwork... YOU tell US what it says...
i bet someone around here speaks laywerese around here....it's a damn bramble patch....

you can smoke in your front yard, back yard, the side yard. id sugest smoking in your garage with the garage door open. every luvs the smell of good smoke. and when the neighbors walk in front of your garage while your smoking, just waive with a smile. " hello neighbors, u swell fine people, would u like a puff of some nice og kush."
ill bet the guys ditch their wifes and come back to hang with u.

"I am sorry if the answers you received were not what you wanted to hear. All I am giving are honest answers, based on actual FACT and not assumptions like the post you just concocted...

When you asked one of your parents for something and they said NO, did you goto the other and ask the same question, just to see if you could get a different answer?"

Thanks for sharing your point.
I don't agree with you, and it's an "actual Fact" that the State of Arizona doesn't agree with you either.
That's why we voted into LAW these new medical marijuana rules.
But I do appreciate your opinion even if I don't agree with it. Nuff said?

a mongo frog said:

you can smoke in your front yard, back yard, the side yard. id sugest smoking in your garage with the garage door open. every luvs the smell of good smoke. and when the neighbors walk in front of your garage while your smoking, just waive with a smile. " hello neighbors, u swell fine people, would u like a puff of some nice og kush."
ill bet the guys ditch their wifes and come back to hang with u.

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WORD! That may very well be true! But I'm not looking to piss-off any neighbors.
I just wanna medicate pain issues and not bother anyone if I can help it.

medicalgrowman said:

"I am sorry if the answers you received were not what you wanted to hear. All I am giving are honest answers, based on actual FACT and not assumptions like the post you just concocted...

When you asked one of your parents for something and they said NO, did you goto the other and ask the same question, just to see if you could get a different answer?"

Thanks for sharing your point.
I don't agree with you, and it's an "actual Fact" that the State of Arizona doesn't agree with you either.
That's why we voted into LAW these new medical marijuana rules.
But I do appreciate your opinion even if I don't agree with it. Nuff said?

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I do not recall an opinion I have stated in this thread, I have been trying to stay as close as I can to the FACTS, and only the facts. Let me prove my point.

Here is a sample HOA agreement I just googled up:
http://docs.google.com/viewer?a=v&q=cache:TMF8Usm26FMJ:www.crystalgardenshoa.com/cfla.pdf+hoa+agreement+drugs&hl=en&gl=us&pid=bl&srcid=ADGEESjoIzGHkU5QxoLUyj_eCTbFt_-yqksqLKoZwKtfSuYQPfJTMvzf8uVYZniM-FhCZREjyGp_DkYOK_X04g14y812n3NK42FZYmvs_HS0uBHtxwRN22mVPvDIEFqy1gR-Pb1WMoA4&sig=AHIEtbQhPuEnuJtgdl3Zfd8RiYv7_A3Meg

here's a quote from said HOA agreement:

"1. Tenant, any member of the tenant's household or a guest or other person under the tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near the said premisis. "Drug-related criminal activity" means the illegal manufacture, sell, distrubution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802])."

See how the HOA refers the Federal law, not state law? if you want to take a look at section 802 here's a link (spoiler it includes marijuana):

http://www.deadiversion.usdoj.gov/21cfr/21usc/802.htm


You need to look at your HOA and see if that's in there. HOA's rarely mention state law and rely on Federal law for the most part. That is what I said with my first post.

Again, to know the answer of the question you are asking it has to be known what is in the HOA agreement you signed.

cookie your acting like a fed agent. so just be cool and let every one smoke where they want to. your killing every ones high. if the feds come busting down the op door for smoking a doobie, id be real surprised. actually i bet it never happens.

a mongo frog said:

cookie your acting like a fed agent. so just be cool and let every one smoke where they want to. your killing every ones high. if the feds come busting down the op door for smoking a doobie, id be real surprised. actually i bet it never happens.

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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.

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