New York's Cooperative and Condominium Community
almost everyday for a few weeka now i have been smelling the high sent of marijuana coming from the apt next to me. I have notified my co-op anonymously and nothing has been done i still continue to smell this sent. What else can i do?
Yes, but sometimes it's a judgment call to know which unit in a building has the pot smoker. How can you tell?
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IF this is a problem for you, then: Start a paper trail: to the Board, to the Police, to your neighbors; keep a log of complaints, involve your neighbors, keep a log of his transactions, keep a log of any awareness of his Mother's about the transactions and activities, notify the Management Company in writing of the problem, involve your neighbors as the steady flow of traffic represents a security and safety risk to them by allowing trafficking in the building, move for a recusal of the Board President for aiding and abetting/harboring a criminal activity, etc. how far do you want to go with this? Take photographs of his visitors, be obvious, scare away his trade. There are a number of things you can do, how far do you want to go out on a limb to shut it down? What is your personal risk quotient? Ultimately you are dealing with forcing the son out of the building because he will never stop in the near term, the mother off the Board permanently as she is totally in breach of her duties as Board President, and the interpersonal issues that accompany that. You will need friends and support in the building in order to clean it up. Personally I don't think pot smoking is an issue, really in these times, a towel under the door would suffice; I think trafficking is, as it is a breach of your reasonable right to a sense of security that any strangers in the building are visitors and guests of neighbors not customers of a drug dealer. It doesn't matter that it is pot, vs. meth or coke, it matters that it is a steady stream of strangers due to trafficking and not social visits that puts the whole building at risk. Notify the building attorney of the problem and the intent to deal with it. But understand you are going to make the mom and the son very angry at your 'interfering' with his activities, are you up to dealing with this? you need allies that will stand by you thru the whole process to the end. We've been thru this, it won't be easy, and it can be scary depending on the personalities involved. Go to the Community Affairs Officer at your local Precinct for a chat first. Find out what level of support you local Precinct will provide, and what they advise. If they are unwilling then go to the local Board as they can apply pressure on the Precinct. Go to your local City Council Rep. They can also provide pressure. Does the son own his apartment or rent? IF he rents try and get a notice to cure issued against the owner, if he is the owner then do the same as a breach of the bylaws. IF the Mom owns the apt then file against her for breach. You can also go after them on the second hand smoke laws and precedents currently being established in the NYC courts, without getting into the pot issue. The bottom line is that you will need balls the size of coconuts to see it thru, so take a measure and decide what you are willing to, and can muster in terms of willpower and support before you embark on this endeavor. Don't give up, but you need to assess yourself, and your neighbors, before you go out on a limb alone. If your neighbors are afraid, then that is a very telling response in itself. At the very least, anyone trying to sell in the building with the smell of pot present is a kiss of death to prospective purchasers. Someone lost a sale in our building that way at one time. we got it corrected, fast. Unity helps. you need to figure out how to accomplish this and keep yourself safe in the process, a complex analysis of the undertaking is in order.
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your best bet is to ask nicely if they can put a well towel dowm and use an exhaust fan. I have more of an odor problem from cigarettess by neighbors in my hallway. another neighbor and i plug in glade fresheners into the hallway receptacles. It is possible that your name will be given out , since it falls under a nuisance call ,not a drug dealing call, home use is legal.
i posted higher up, but still see these ridiculous post about reefer smell and <span class="hiddenSpellError" pre="amd "></span> paper trails, get over it is is not illegal. kids have friends , and they are allowed to visit, and if over the age, smoke reefer too. You may end up giving them proof that you are harassing them . If you smoke nicotine , you have no right to complain
Penal Law Section 221.05 - see web page
http://www.queensdefense.com/marijuana.htm
the write up from a criminal defense attorney. mj is no longer classified as a controlled substance in NYS.
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EscapeFromYonkers, I don't know what you've been smoking, but marijuana in any quantity whatsoever is still illegal in New York. True, it's not a "controlled substance" with heavy penalties like cocaine, but that's doesn't mean it's legal. To quote from the very website you're referencing:
"Marijuana related offenses, in New York, have their own special laws with their own offense levels. This does not necessarily mean that New York doesn't care about marijuana or that it isn't serious to be charged with a marijuana related offense."
The penalty for possession of a small quantity of marijuana (under 25g) is fairly small -- a $100 fine, according to http://law.findlaw.com/state-laws/marijuana/new-york -- but possession is most definitely illegal. I don't for a minute think that's a good idea -- the whole War on Drugs is criminally insane, in my book -- but that's the way it is, at least for the moment.
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This is not illegal and nothing can or should be done. Get some Febreeze and spray it around if the odor is annoying.
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Of course drugs (Pot) is illegal, how can one say it is NOT! Call the police. If you speak with these neighbors, ring their bell and explain the smell is coming through. If management does nothing they are encouraging drug use on the premises.
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Not illegal. You're saying pot is not illegal. Are you high?
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Have they legalized Pot in NY? I'm unaware of that, since when did it become legal? Please advise.
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reefer is not illegal in ny state when the quantity is around 23 grams or less and your not selling, your not smoking in public, like on the street, street corner, subway platform, probably all parks too.
it is a violation, the same as riding your bicycle on the sidewalk,or having a open alcohol container on public property.
Youget a ticket, and can mail in a fine. Unless your black or brown, in that case the police will say that they you had it in plain sight., or as they detain and frisk you for weapons, they will lie to you and say if you give any drugs your holding to me i will go easier on you for cooperating, but if you make me go into your socks and feel around your junk i am going to be pissed and come down harder. If the "suspect" follows and falls for the lies, known as the police instructions and pulls a joint out of his pocket or shoe, a place and size that they know can't be a place for a weapon . They will then charge the individual with possession in public view , which is a crime, a misdemeanor, and ruin the kids life. They have also simply found it in a stop and frisk weapons search and said it was in plain view and charged the misdemeanor offense, when they shouldn't be searching in small places for guns.s stop and frisk. Glocks dont fit inside a sock or in the bottom 1/3 of a pocket. Plus if it isnt hard and small , it is not a gun.
The ny times had a big write up about this procedure over a year ago. Since then much worse conduct of planting cocaine on innocent people, purely a way to get overtime, have been recently exposed.
But in the privacy of ones home, smoking is not a crime.
i have thr same problem with cigarette smokers as neighbors, it comes through the wall, the hallway is horrible. Myself and another neighbor take turns putting in one of those plug in glade things, and i added one on the wall the smoke is coming through. It works well,but your smell may be stronger,but i doubt they smoke as much. The flame-less things that you heat scented soy cubes works well too, gives a nice smell ,but uses too much electric for my taste, i need to find a way to get it down to 3 watts, now it is a 25 watt lightbulb.
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http://www.queensdefense.com/marijuana.htm
for the write up from a criminal defense attorney. It actually has stuff in there i didnt know that makes conviction of the violation even harder if not impossible. MJ is no longer classified as a controlled substance in NYS.
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funny that i just saw this post because the other night i had my terrace door open and was inundated by the odor of pot. by any chance is your coop downtown manhattan near the brooklyn bridge?
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The President of our Board has a son whom lives directly across from my apartment. He smokes pot day and night, the smell comes into my apartment and permeates throughout the hallway. He not only smokes but, he sells it as well. He has been arrested three times for pot possession and weapon possession. The President knows all this and she allows it to continue. She has been present when his customes visited him, I have a peep hole that looks right at his door so I see what transpires. His customers ring my bell in error throughout the night and the traffic goes on from early am to late pm. This is what we have to live with.
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Continue to call the Police and continue to have him arrested. Also state that you are in fear of your life due to the weapon possession. Explain to the Police that this selling and buying of drugs is impacting on your life since they are coming to your door. After 3 arrests for this behavior I don't understand why the police, since there is a record, do not do something more drastic. Is he on probation? At this point, this should be a legal issue. Possibly his mother doesn't seem to be able to control him and looks away. Keep hounding the law.
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...telling other board members, the managing agent, and most important, the board attorney -- who as an officer of the court has a duty to bring illegalities to the law's attention? How about the Bureau of Tobacco, Alcohol & Firearms (I believe it's called) if there have been arrests on illegal weapons.
Wait -- if there have been arrests for illegal weapons, then how is it here's still there? Is he on bail? Were the weapons confiscated?
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I would call the police and tell them you are smelling it and don't know where it's coming from and don't want to be accused of violating the Propreitary Lease by having one of your neighbors think YOU are the culprit and let them discover the offender. It also establishes a record beyond management that this is taking place on the premises and they in turn would notify management about it.
If you don't want them coming to your apartment you can call 911 anonomously and give them the information of the offending apartment and tell them that you wish to remain anonymous.
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