Question:
Are there any Virginia HOA regulations regarding the smoking of marijuana in public porch connected areas? This serves as a nuisance to residents next door. i.e. the transmission of “noxious ordors”.
– Sybyl
Answer:
Hi Sybyl,
While not under the Virginia Property Owners Association Act, the Code of Virginia ยง 4.1-1108 does state:
“A. No person shall consume marijuana or a marijuana product or offer marijuana or a marijuana product to another, whether accepted or not, at or in any public place.
B. Any person who violates this section is subject to a civil penalty of no more than $25 for a first offense. A person who is convicted under this section of a second offense is subject to a $25 civil penalty and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. A person convicted under this section of a third or subsequent offense is guilty of a Class 4 misdemeanor.”
It is unclear, though, whether what you described as a “public porch connected areas” is deemed a public place under the eyes of the law. Additionally, you should check your association’s governing documents to see if it has any rules concerning this matter.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
