Federal inspectors found Resident #4 at Aviata at Seminole on October 7 in the facility's parking lot at 10:58 a.m., openly smoking marijuana. He told inspectors he preferred the west side of the parking lot "for more privacy" and had a bottle of cologne on his lap that he used to spray on his body.
The resident admitted he was smoking marijuana and said "some staff cared that he smoked and some staff did not."
When inspectors returned to his room at 2:00 p.m., they documented "a strong smell of marijuana" throughout the space. The resident explained the odor came from his outdoor smoking and said he tried spraying cologne "so the smell would not be so bad."
Staff members had been complaining about the situation for an extended period with no resolution.
Certified Nursing Assistant Staff C told inspectors that Resident #4 "always smells like marijuana after he comes back to the facility." She said both staff and most residents had complained to administration about the persistent odor, "but nothing has been done about it."
Licensed Practical Nurse Staff D offered a different perspective, telling inspectors the facility couldn't control the resident's actions once he signed out for a leave of absence. "He goes outside on a leave of absence, which means he is his own person," she said.
But Staff D also acknowledged she had previously reported concerns about Resident #4's marijuana use to her supervisor, and said the supervisor had addressed the issue with the resident directly.
The facility's response revealed confusion among staff about appropriate protocols. Registered Nurse Staff E said he would ask residents about marijuana odors when they returned from leave, but admitted there was little he could do if residents denied smoking.
"Staff D had reported the concerns about Resident #4 smoking marijuana," Staff E told inspectors. "Resident #4 did smell like marijuana, but there was nothing he could do if the resident tells him something different."
The facility's Nurse Practitioner, Staff F, appeared unaware of the ongoing issue. She told inspectors the facility had not reported any concerns to her regarding current residents using illicit drugs.
Even the Medical Director seemed disconnected from the situation his staff had been managing. He told inspectors that if any resident's room smelled like marijuana or staff observed signs of marijuana use, "they needed to notify the residents' provider so immediate action can be taken."
The facility's top administrators offered conflicting guidance during interviews. Director of Nurses said if a resident smelled like marijuana but didn't appear impaired, "there was nothing they could do about it."
The Nursing Home Administrator took a slightly different stance, saying nurses should contact the resident's provider if the resident appeared impaired or smelled like marijuana.
Despite the Medical Director's directive about immediate action and the Administrator's instruction to contact providers, there was no evidence that staff had followed these protocols. The Nurse Practitioner remained uninformed about the situation that multiple staff members described as ongoing.
The inspection revealed a facility where front-line staff recognized a problem, reported it through proper channels, yet saw no meaningful response from administration. The resident continued his routine of parking lot marijuana use followed by cologne applications, while his room maintained its persistent cannabis odor.
Inspectors found no facility policy addressing the removal of drug-related odors from resident rooms or common areas.
The violation carried minimal harm designation, affecting few residents, but highlighted broader questions about how nursing homes should respond when residents engage in illegal drug use during authorized absences from the facility.
Staff C's observation that "most of the residents" had complained suggested the marijuana odor affected more than just the user's immediate room. Yet the facility's leadership appeared to treat the situation as an individual resident issue rather than a facility-wide problem requiring consistent policy and enforcement.
The resident's open admission to inspectors about his marijuana use, combined with his cologne-masking strategy, suggested he understood his behavior was problematic but faced no meaningful consequences for continuing it.
Full Inspection Report
The details above represent a summary of key findings. View the complete inspection report for Aviata At Seminole from 2025-10-07 including all violations, facility responses, and corrective action plans.