ElleN (Idaho)
Posts: 4,405
Posts: 4,405
Posted:
In today's Washington Post:
A D.C. judge has ruled that a man who smokes medical marijuana in his apartment must stop after a neighbor complained that the odor from his marijuana crept into her home and caused a nuisance.
Judge Ebony Scott ruled late Monday that while Josefa Ippolito-Shepherd could not prove she is entitled to damages, she successfully made the case that the smell is a private nuisance, and Scott ordered Thomas Cackett to stop smoking. Scott said that Cackett is licensed to buy marijuana but “he does not possess a license to disrupt the full use and enjoyment of one’s land.”
“Indeed, the public interest is best served by eliminating the smoking nuisance and the toxins that it deposits into the air, toxins that involuntary smokers have no choice but to inhale,” Scott wrote in her decision.
Cackett is banned from smoking at his address or within 25 feet of Ippolito-Shepherd’s address.
The decision is believed to be the first of its kind and could open the door to additional legal action.
...
Federal disability protections do not extend to medical cannabis patients because of marijuana’s federal legal status.
...
J.P. Szymkowicz, an attorney representing complaining neighbors in a similar ongoing case, said Ippolito-Shepherd’s legal win does not set a legal precedent as an appellate decision would.
“If you’re faced with the neighbor that has a smoking problem and it’s coming into your house, you can go to them and say ‘Look we can do this the easy way or the hard way. If we go to court, it’s going to take money, it’s going to take time and eventually I’m going to win,’” said Szymkowicz, who is also an advisory neighborhood commissioner. “That’s the persuasive value.”
More at https://www.washingtonpost.com/dc-md-va/2023/06/06/marijuana-smoke-weed-smell-neighbors/
The successful plaintiff here did not use an attorney; she was pro se.
The judge serves on the Superior Court of the District of Columbia and was/is a lawyer.
ElleN editorial comment:
I hope the judge's ruling gets traction at condos.
A D.C. judge has ruled that a man who smokes medical marijuana in his apartment must stop after a neighbor complained that the odor from his marijuana crept into her home and caused a nuisance.
Judge Ebony Scott ruled late Monday that while Josefa Ippolito-Shepherd could not prove she is entitled to damages, she successfully made the case that the smell is a private nuisance, and Scott ordered Thomas Cackett to stop smoking. Scott said that Cackett is licensed to buy marijuana but “he does not possess a license to disrupt the full use and enjoyment of one’s land.”
“Indeed, the public interest is best served by eliminating the smoking nuisance and the toxins that it deposits into the air, toxins that involuntary smokers have no choice but to inhale,” Scott wrote in her decision.
Cackett is banned from smoking at his address or within 25 feet of Ippolito-Shepherd’s address.
The decision is believed to be the first of its kind and could open the door to additional legal action.
...
Federal disability protections do not extend to medical cannabis patients because of marijuana’s federal legal status.
...
J.P. Szymkowicz, an attorney representing complaining neighbors in a similar ongoing case, said Ippolito-Shepherd’s legal win does not set a legal precedent as an appellate decision would.
“If you’re faced with the neighbor that has a smoking problem and it’s coming into your house, you can go to them and say ‘Look we can do this the easy way or the hard way. If we go to court, it’s going to take money, it’s going to take time and eventually I’m going to win,’” said Szymkowicz, who is also an advisory neighborhood commissioner. “That’s the persuasive value.”
More at https://www.washingtonpost.com/dc-md-va/2023/06/06/marijuana-smoke-weed-smell-neighbors/
The successful plaintiff here did not use an attorney; she was pro se.
The judge serves on the Superior Court of the District of Columbia and was/is a lawyer.
ElleN editorial comment:
I hope the judge's ruling gets traction at condos.