A Washington, D.C. judge has ruled in favor of a neighbor who complained about the odor of medical cannabis smoke coming from a nearby apartment, according to the Washington Post. The judge, Ebony Scott, stated that while the individual, Thomas Cackett, has a license to use medical cannabis, he does not have the right to disrupt his neighbor’s enjoyment of her property.
The ruling highlights the public interest in eliminating smoking nuisances and the potential harm caused by secondhand smoke. The neighbor, Josefa Ippolito-Sheperd, claimed that she experienced health issues and sleep disturbances due to the odor of cannabis emanating from Cackett’s apartment. Cackett, on the other hand, argued that he only smokes a few puffs at night for pain relief and is a registered medical cannabis patient in D.C.
Although the ruling prohibits Cackett from smoking in his apartment or within 25 feet of Ippolito-Shepard’s address, the judge determined that Ippolito-Sheperd could not prove she was entitled to damages. This case is believed to be the first of its kind to address the issue of medical cannabis consumption in multi-unit dwellings like apartments.
It’s important to note that this decision does not establish a legal precedent, as it would require an appellate decision to do so. However, it brings attention to the complex issue of balancing the rights of medical cannabis patients with the concerns of neighbors in shared living spaces.
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