Washington DC Court Bars Tenant's Cannabis Use in Landmark Health Case

Josefa Ippolito-Shepherd, a 76-year-old resident of Washington DC, won a landmark legal case against her 73-year-old neighbor, Thomas Cackett, who was ordered to stop smoking marijuana due to the severe health impact of the persistent smoke on her well-being. Ippolito-Shepherd described the smell as comparable to "feces" or "skunk," which caused her severe headaches, nausea, vomiting, and respiratory issues, and even led to family members avoiding visiting her home. Despite Cackett's claims that he only smoked briefly once a day to manage health conditions, the DC Court of Appeals found it doubtful and sided with Ippolito-Shepherd, emphasizing her right to enjoy her property free from harmful smoke. The ruling prohibits Cackett from smoking marijuana within 25 feet of Ippolito-Shepherd's home, including on his own property, with potential civil or criminal penalties for violations. This decision, following a lower court ruling in 2023, sets a significant precedent in DC and potentially across the United States regarding neighbors' rights and marijuana use. Ippolito-Shepherd, a public health expert who represented herself, expressed that the five-year legal battle was difficult but worthwhile to secure fresh air in her home.