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.
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