(The Oregonian) The Oregon Court of Appeals on Wednesday refused to declare the smell of marijuana smoke wafting into neighbors' homes "unpleasant."
The appeals court ruled that although rotten eggs or raw sewage are "physically offensive" odors to all, marijuana smoke isn't necessarily so.
"We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage. Indeed, some people undoubtedly find the scent pleasing," the appeals court wrote in throwing out the second-degree criminal mischief convictions of a Philomath man whose home was searched in 2012 because of the aroma of pot drifting from it.
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