A recent article reported litigation between condominium neighbors over the defendant’s smoking of marijuana to address anxiety (“Marijuana fumes dispute drives Augusta condo neighbors to court,” Aug.4). The husband and wife allege health loss from the nuisance. A temporary court order prevents the defendant from smoking marijuana inside and within 50 feet of the building.

The case doesn’t address the medications available to those with anxiety issues. When I look it up, marijuana isn’t listed.

The Public Health Law Center (and the American Society of Heating and Air Conditioning Engineers) contends marijuana’s secondhand smoke, present in multi-unit dwellings, “can damage the health of other residents and increase the costs of maintaining the apartments.”

The plaintiffs have taken exhaustive steps to seal off their unit from the defendant’s marijuana smoking as well as simultaneous marijuana smoking by her guests. The case does not report evidence those guests have anxiety challenges for which they smoke pot.

Ample evidence supports the judge’s temporary ruling. The court has a permanent injunction order under advisement.

The executive board, months ago, ruled the defendant was in violation of a bylaw provision, common in condo facilities, that she refrain from continually causing the subject nuisance. The board sat on its ruling, “passing the buck” to the court.


Plaintiffs have utilized two options for health relief; the condo board and Superior Court. A third way is the federal Fair Housing Act.

Arguably, plaintiffs deserve health relief on all fronts.

John Benoit


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