Woman Who Sued Neighbor Over Marijuana Odor Wins As Judge Rules Pot Smell Creates A Private Nuisance

A Washington, D.C. judge ruled Monday in favor of the plaintiff Josefa Ippolito-Shepherd who sued her neighbor over the smell of marijuana. 

Back in January, Ippolito-Shepherd who has been living in the residential DC neighborhood of Cleveland Park for 30 years sued her neighbor over cannabis odor, claiming it created a nuisance. The 76-year-old said the offending aroma affected her sleep and everyday life. 

The woman didn’t go straight for the lawsuit, she first tried asking her neighbor to stop smoking in the apartment, then she tried asking the landlord to evict the smoker, but nothing seemed to work. The court however sympathized with her troubles and ruled in her favor. 

Judge’s Ruling

Judge Ebony Scott ruled that Ippolito-Shepherd’s neighbor Thomas Cackett must stop smoking marijuana indoors, reported The Washington Post. Scott confirmed that Ippolito-Shepherd can’t prove she is entitled to damages, but that she did make the case that marijuana odor creates a private nuisance.

“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.

Scott ordered Cackett, who has a license to buy marijuana, to stop smoking indoors, as he “does not possess a license to disrupt the full use and enjoyment of one’s land.” What’s more, Cackett is banned from smoking not only at his address but within 25 feet of Ippolito-Shepherd’s address. 

It is believed that the ruling is the first of its kind and that it could lead to more legal actions, writes the outlet. 

‘I Am Not Snoop Dogg’ 

Cackett argued in court he uses medical marijuana to alleviate his pain and to sleep better. He also said that he’s been taking “eight to 12 puffs” usually outside when the weather is ok, and he denied smoking “all day and all night as the plaintiff alleges. I am not Snoop Dogg,” he said.

Ippolito-Shepherd told The Washington Post that this is a win for people like her who had trouble with second-hand marijuana smoke since the plant became legal in many states. 

“It’s a big win from the public health perspective because it’s setting a precedent for all the people that are in similar situations,” she said. 

Is Second-Hand Cannabis Smoke Dangerous? 

Dale Gieringer, who leads the California chapter of the National Organization for the Reform of Marijuana Laws, and Paul Armentano, deputy director of NORML claim that long-term exposure to cannabis smoke has not been connected with serious respiratory issues as scientists have seen with tobacco smoke. 

On the other hand, it is important to note that due to the federal status of cannabis, it has not been possible to conduct many studies analyzing the effect of long-term second-hand marijuana smoke exposure. 

Brooke Hoots, an epidemiologist with the CDC previously said that secondhand marijuana smoke contains the same cancer-causing toxins as secondhand tobacco smoke. There is also a University of California, Berkeley study that goes in line with this. What’s more the study revealed secondhand marijuana smoke to be more harmful than secondhand tobacco smoke.

The Solution? 

On one side there are people who are entitled to the right not to have to breathe in marijuana smoke, on the other there are medical marijuana patients who need to take their medicine. It kind of looks that both parties are right. So, how can the issue be resolved to everyone’s benefit?

Some argue that everything would be ok if D.C. allowed public marijuana use with reasonable guidelines. Perhaps they are right. Either way, we should expect to see similar lawsuits in the future so states should be looking for proper solutions that both users and non-users can live with. 

Photo: Benzinga edit with images by EKATERINA BOLOVTSOV on Pexels