Oh, it was awful! There wasn't any wind, and it just kinda hung over all the neighbor's yards. 25 years ago and we still laugh about it.
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Just go ask him to close his windows and doors when he smokes that stuff.
I have dealt with neighbor issues before for different reasons(dogs). It can turn to a PITA quickly.
Go talk to him in a considerate and mature manner. He may not even realize that his habit is affecting others and give him an opportunity to correct the situation. Document the conversation.
Document dates and times you notice the stank.
If he does not correct it or gets snotty then go to the HOA with a written complaint. More than likely there is an "Illegal activity" or "drug" prohibition in the by-laws. Document this and the HOA response.
If it turns out he is a MMJ cardholder it may complicate it a bit but you still have an edge. While he may have the right to use his "medicine" he does not have the right to be a nuisance to others when he "medicates". If you have to take this to a LE level have your ducks in a row and be able to show that you have taken "reasonable means" to address the situation. This is why you document everything.
If LE won't do anything as far as pursuing the Ganja angle then you need to push the Nuisance/Disturbing the Peace angle.
Most importantly keep your cool, never retaliate or threaten him. Neighbor issues are tough and it can become a "who can last the longest" situation.
You lose your cool, you lose your edge and credibility.
Diplomacy is probably the best policy here. You might find out he is a pretty cool and laid back guy who understands the issue - the problem is that if you never say anything to him then he never has the opportunity to do something about it (or even realize he is causing an issue). The next time you see him on his patio, just casually mention to him "hey, I have no problem with all the grass, but I'm worried about my kids - is their any way we can figure out something where you get to enjoy your smoke but my kids don't?". Don't make any assumptions about legal MMJ or not, just be understanding of his desires and put yourself into his world, most people appreciate that more than "hey, your dope is really starting to piss me off and since my passive calls to the cops aren't doing any good I'm going to confront you finally".
I made that mistake with a dog problem some time ago. I let it eat at me and eat at me and when I finally decided to say something I was less than diplomatic and after asking (un-diplomatically) several times with no success I told them that their dog get's a pellet to the balls every time he howls. Needless to say, my neighbor was not friendly towards me after that. With my new house I handled things totally differently when the same issue came up - with much better results.
Ranger makes an excellent point here. We had my cousin living with us which brought our dog total to 3, and her dog parks at bushes rustled by the wind so naturally we have a dog barking issue that our neighbors don't exactly love (but there are at least 8 other dogs in the immediate area). Well one time we had the Jeffco Animal Control Deputy show up and state that they've received complaints about our dogs and we need to have them "registered" or something to that effect (I was in NY in the Army at the time so heard this all through my mom). Paid a nice fee and now we have to be a**holes to our dogs every time they defend our property from invading elk, deer, and those pesky bicyclists passing by. We would have appreciated it better if the lady that made the complaint (and it was only one angry b**** that complained about only us) had just come to us personally and reasonably and asked politely if we could assert a little more control over the dog barking.
My point is, if you take the issue up directly, reasonably, and politely with these neighbors it might make some headway. But like was said before, incase diplomacy fails make sure you document everything so if it ends up in the hands of higher powers (management, civil court, etc.) you have every instance and contact available to show that this is an ongoing problem. Just remember, you can only reason with someone if you put yourself in their shoes for a second and see where they are coming from... but odds are if he does have his MMJ card it's for a BS reason- in my experience only about 2 in 15 actually use MMJ for real legitimate reasons, and most of these people don't smoke- they do edibles because it's "healthier."
Oh well hell, if you're renting than start shopping for a new place ... tons of empty rental property on the market out there you can probably find something in the same area pretty easily (maybe even be able to negotiate lower rent since landlords are hurting right now).
If you're gonna stay, Elheuro's incense idea isn't a bad one (and its definitely more diplomatic than a frag).
If the bathrooms in the townhomes are ventilated with a ceiling exhaust fan, ask him to please smoke in there so that you and your kids are not exposed.
I had the same situation with neighbors in college, a group of straight up RASTA lookin fellas, looked like a concert party backstage 24/7 in their house. I didn't mind it until it was to the point that it was intrusive all the time. I kept it simple and wrote a nice clean letter in Word stating something like this "Dear #209 and friends, in recent times your marijuana smoking has become quite intrusive for myself and other neighbors. I would ask that you be courteous in regards to your smoking. If you could find a way to please keep the smoke down or out of the vents, hallways, etc I would appreciate it greatly." I put it on their door.
It worked, the guys were completely apologetic and the smoke smell went down almost to nothing. They then only smoked on the patio (not sure if that would work for you) and when they were smoking inside they must have done something to keep it out of the vents. Just my .02.
For a while, I would occasionally smell pot in just one bathroom of our house. I think it is due to crappy/weird vent ducting. I think it was from a neighbor above and one unit off set from me. Very strange and pretty irritating.
OP, moving may not help this issue. Half the state gets high, and the other half live next to the first half. At least in a home, you'd have a few more feet separating you from neighbors.
I've seen a sign somewhere that says "If we see you smoking, we will assume you are on fire, and take appropriate action", with a picture of a firehose...