Lawsuit Seeks to Block Pot Smoking In D.C.’s Multi-Unit Residences

WASHINGTON -- A homeowner’s lawsuit in D.C. Superior Court pits new rights to possess marijuana against the risk smoking the weed might intrude upon neighbors.

A Cleveland Park resident says her neighbor’s marijuana smoke is creeping into her home from a downstairs apartment, creating a public nuisance that prompted her to sue.

The outcome in its first-of-its-kind lawsuit in Washington is likely to determine the limits on use of marijuana in multi-unit dwellings.

Josefa Ippolito-Shepherd tried asking the neighbor to stop smoking marijuana but she refused.?

She then appealed to the D.C. Council for help but was told the only way the city could intervene would be by repealing its 2014 law that decriminalized possession of as much as two ounces of marijuana. A repeal based on her request was highly unlikely, she was told.

Similar disputes are arising nationwide as more states legalize marijuana.

On one hand, nonsmokers say marijuana smoke has a foul smell that is a potential health hazard. Smokers say the complaints interfere with their right to use the drug in the privacy of their homes.

California courts appear to be taking the lead in placing restrictions on marijuana smoke. In general, they say marijuana cannot be smoked in residential buildings where other residents complain about it.

California also bans marijuana smoking from most public gathering places.

A 2015 Washington Post survey found that 57 percent of local residents said they smelled marijuana at least once a month. Forty-five percent of them said the smell did not bother them while just under 40 percent said it did bother them.

The health effects of secondhand marijuana smoke still are being studied.

For more information, contact The Legal Forum (www.legal-forum.net) at email: [email protected] or phone: 202-479-7240.