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I live in an apartment complex that also has a blacony in Seattle, WA. Is it legal for me to smoke marijuana on my balcony?

Lynnwood, WA |

Can I smoke marijuana at any given time on my balcony even though I live in an apartment complex?

Attorney Answers 2


  1. This is no doubt going to be an interesting developing area of the law. Its pretty clear that you have a 4th amendment right to privacy in your own apartment, so what you do therein is up to you, and smoking MJ is OK (as opposed to smoking meth, which is not). As to whether or not you can smoke outside on your balcony, that *could* be within 25 feet of a door or window of your neighbor, and as such could run afoul of the State anti-smoking laws.

    So it seems you are better off smoking inside your apartment than outside on a balcony. Just my .02. Elizabeth Powell

    Using Avvo does not form an attorney client relationship.


  2. Check your lease. While the law regarding marijuana has changed in Washington State, the terms of your lease have not. If your lease states that you may not smoke in or on the leased premises, that includes smoking marijuana as well as tobacco.

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