New York may not be the most pot friendly city. After all, there’s no state medical marijuana law and the NYPD likes nothing better than running you through the system if they catch you with a joint. Most NYC tokers opt for a lower profile – particularly when smoking outdoors. However, most view their home as their sanctuary. A place where they can kick back and smoke a bowl after a long, taxing day of battling tourists, traffic and overcrowded subways.

So HIGH TIMES took note when it was reported that Sebastian Rosario, who was continually harassed and threatened with eviction due to an “odor of marijuana” emanating from his apartment on 34th street, decided to fight back.

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Instead of dropping a towel by the door or opening up a window, Rosario plans to file a lawsuit against his landlord for harassment (his landlord has threatened eviction several times due to complaints from neighbors about the pot smoke).

According to court papers obtained by the NY Post, the landlord claims the smell in question could “possibly [be] as a result of illegal drug use.” Solid observation on his part.