D.C. Resident Barred from Smoking Marijuana in Apartment, Court Holds – Medical Marijuana Program Connection

A judge for the Superior Court of the District of Columbia held that a duplex resident must stop smoking or burning marijuana “in any form that emits an odor” earlier this month after a neighbor claimed exposure to it impacted her health.

Following a nonjury trial at the beginning of the year, Associate Judge Ebony M. Scott permanently barred Thomas Cackett from smoking in or within 25 feet of his home despite holding a medical marijuana license. The court found that while D.C. law permits a small amount of marijuana consumption with or without a prescription, Cackett’s enjoyment of cannabis does not supersede his neighbor’s use and enjoyment of her own property.