Can I get in trouble if my housemate smokes weed
Wednesday August 24 2022
So, your flatmate likes a little 420 every so often, but you prefer not to partake. While in a perfect world, everyone could pursue their own interests with equal freedom in your share house, there can come a point where your flatmate’s penchant for pot causes problems for you.
From the legalities to your lease agreement, even the occasional joint can be cause for concern among some tenants. What might the implications be for you, the non-smoker, if your flatmates are fans of the devil’s lettuce?
Legal issues
Just so we’re all clear, cannabis remains an illegal substance in Australia. Illicit drugs are governed by Federal laws, and state or territory legislation, too.
The short story is that possession, use, making or growing, importing, selling or supplying of weed is illegal, and “possession” doesn’t just refer to the drug; it includes equipment for growing or smoking, too. In some states, knowingly taking part in the supply, cultivation or manufacture of drugs — including pot — is also an offence. So, for example, if you know your flattie has a couple of plants among the backyard tomatoes, or perhaps sells to their mates occasionally from home, you could be prosecuted in certain locations.
While legal issues may be unlikely in many cases, since the police are usually more interested in large-scale growers and dealers than individual, personal-use users, it’s worth being aware of the laws in your state. Visit health.gov.au and follow the links to find out about specific legislation in your state or territory.
Lease issues
These days, most leases specify that no smoking is allowed on the property. If that’s the case with your rental agreement, then your household may run into trouble if there’s a smoker in your midst.
Firstly, you may need to do extra cleaning at the end of the lease to return the property to its former, pre-smoke glory. Even then, you may lose some or all of your bond if the agent or landlord finds out someone in the place has been smoking. Regardless, you’re unlikely to get a glowing reference for your next rental application once the cat’s out of the bag.
Perhaps a more alarming scenario is what happens if, say, a neighbour doesn’t like the smoke and gets cranky enough to complain to the agent about it. If you’re in an apartment building, for example, your flatmate’s little end-of-week wind-down could turn into a breach of your rental agreement, which could end up seeing your tenancy terminated.
Household dynamics
The other challenge that weed can bring to a share household is one of dynamics. If some flatmates smoke but others don’t, it can set the scene for feelings of “them and us” which, let’s face it, are hardly going to promote share-house harmony.
On top of that, smokers and non-smokers can tend to get on each others’ nerves. Getting home starving after the late shift on a Friday to find your flatmate baked, and the kitchen a mess after they’ve made snacks can really test your patience. Similarly, the fact that you’re not comfortable with them smoking can make your flatmates feel judged or inhibited, and the reality is that no one wants to feel like that in their own home. If you’re worried about the possible lease or legal issues mentioned above, that can also affect the household — especially if you feel rising anxiety every time someone lights up.
What can you do?
Being a non-smoker in a household where smoking is the norm can be less than ideal. So, what can you do to make things a little more comfortable for yourself and your flatmates?
Consider the size of the problem first. Is it just one person, or are you the only hold-out in a happy household of bud lovers? Does your flatmate smoke in the backyard on Saturday afternoon only, or are they an everyday, everywhere smoker with little regard for things like bond and lease agreements? The answers to these questions might help you to get a clear sense of how much of a problem the smoking really is.
If you remain troubled by the situation, try talking with your other flatmates about it. Explain why it’s a problem for you, and what your worries are. You might find that your flatties share your views and are happy to back you up in a conversation with the smoker (or smokers); alternatively they may disagree, but in a way that puts your mind at rest.
Eventually you’ll likely end up talking with the smoker themselves. While it’s true that every tenant has a right to enjoy the share house as they like, at the same time, it’s unlikely your flatmate’s going to want to make anyone else in the home uncomfortable. An honest conversation might resolve the problem on the spot.
If it doesn’t, and you’re still seriously concerned about what your flatmate’s behaviour might mean for your bond or rental record in future, it might be time to consider moving to a share house where no one smokes. Peace of mind is precious, after all, and life’s too short to spend worrying about what your flatmates are up to.
