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Mosby

(19,491 posts)
Tue Jun 6, 2023, 07:34 PM Jun 2023

She sued to stop her neighbor from smoking marijuana and won

A D.C. judge has ruled that a man who smokes medical marijuana in his apartment must stop after a neighbor complained that the odor from his marijuana crept into her home and caused a nuisance.

Judge Ebony Scott ruled late Monday that while Josefa Ippolito-Shepherd could not prove she is entitled to damages, she successfully made the case that the smell is a private nuisance, and Scott ordered Thomas Cackett to stop smoking. Scott said that Cackett is licensed to buy marijuana but “he does not possess a license to disrupt the full use and enjoyment of one’s land.”

“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.

https://www.washingtonpost.com/dc-md-va/2023/06/06/marijuana-smoke-weed-smell-neighbors/

This was bound to happen, imo.

34 replies = new reply since forum marked as read
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She sued to stop her neighbor from smoking marijuana and won (Original Post) Mosby Jun 2023 OP
Wonderful news! jmbar2 Jun 2023 #1
Fascinating how much people opposed people smoking tobacco in public... brooklynite Jun 2023 #4
Pot smokers don't chain smoke joints 617Blue Jun 2023 #8
Marijuana stinks DenaliDemocrat Jun 2023 #16
That is a highly subjective opinion ZonkerHarris Jun 2023 #19
No it fucking stinks. DenaliDemocrat Jun 2023 #24
bulldoze and negate other's opinions much ZonkerHarris Jun 2023 #32
I'm really sensitive to cigarette smoke 617Blue Jun 2023 #23
Same here. fescuerescue Jun 2023 #27
LMAO aocommunalpunch Jun 2023 #29
In all seriousness DenaliDemocrat Jun 2023 #30
Your mileage definitely varies. aocommunalpunch Jun 2023 #31
Last month I went to a client's home but it turned out grantcart Jun 2023 #28
cannabis users cannot legally smoke in public. uncle ray Jun 2023 #17
Pot smoke doesn't bother me and it seems to disspipate fescuerescue Jun 2023 #26
Nuisance violations are what disrupts neighborhoods too bucolic_frolic Jun 2023 #2
Can I sue to have the 101 freeway moved? How about the car port under my bedroom? chowder66 Jun 2023 #3
How about cigarette smoking that actually can cause others cancer? ColinC Jun 2023 #5
That too! chowder66 Jun 2023 #9
Siding with the judge here. Having to inhale others' smoke not cool. 617Blue Jun 2023 #6
But feel free to spread your Covid breath in any public space! boston bean Jun 2023 #7
Fuck combustion. Vape dry herb. . . nt Bernardo de La Paz Jun 2023 #10
Yep!! walkingman Jun 2023 #12
+1 Ohio Joe Jun 2023 #13
This! Oneironaut Jun 2023 #25
dude should have immediately switched to gummies while installing an exhaust fan Blues Heron Jun 2023 #11
Yes, or he can move outside the city limits FakeNoose Jun 2023 #22
I have a medical card and I don't have a problem with this. The med Maru Kitteh Jun 2023 #14
good Celerity Jun 2023 #15
I hope he can find a suitable substitute. As with tobacco -- the smoke travels. Hekate Jun 2023 #18
I like the smell. nt leftyladyfrommo Jun 2023 #20
Wow! I'm glad my neighbors smoke... kentuck Jun 2023 #21
This gives me hope. TrotskyistTidings Jun 2023 #33
I hope the dude continues to blaze up. BannonsLiver Jun 2023 #34

jmbar2

(7,982 posts)
1. Wonderful news!
Tue Jun 6, 2023, 07:38 PM
Jun 2023

I was driven out of an apartment by a similar smoking problem 24/7. Couldn't get any help from anyone.

I hope that more cases like this are filed to protect the rights of people who need to breathe clean air.

Thanks for posting.

 

brooklynite

(96,882 posts)
4. Fascinating how much people opposed people smoking tobacco in public...
Tue Jun 6, 2023, 07:58 PM
Jun 2023

...but were delighted when marijuana became legal.

617Blue

(2,470 posts)
8. Pot smokers don't chain smoke joints
Tue Jun 6, 2023, 08:03 PM
Jun 2023

at least I hope they don't. Cigarette smoke from a smoker is virtually nonstop an much more noxious than weed.

617Blue

(2,470 posts)
23. I'm really sensitive to cigarette smoke
Wed Jun 7, 2023, 09:15 AM
Jun 2023

but the smell of weed does not bother me. That said I agree w/ the judge here.

aocommunalpunch

(4,581 posts)
29. LMAO
Thu Jun 8, 2023, 03:37 PM
Jun 2023

Send all of it to my town. We have so many dispos, I don't know how we deal with the rankness of it all. It's a beautiful smell.

DenaliDemocrat

(1,777 posts)
30. In all seriousness
Thu Jun 8, 2023, 03:40 PM
Jun 2023

There are people whose kink involves defecating. Most normal people would be repulsed.

We have a dedicated pot head at work. Everyone comments how he smells like shit.

Most people think cigarettes stink because- they DO!

I get it - you like getting high. It still stinks.

aocommunalpunch

(4,581 posts)
31. Your mileage definitely varies.
Thu Jun 8, 2023, 04:07 PM
Jun 2023

Tomayto-tomahto. You give the opinion such little wiggle room that I'll just say I don't speak wrong. Cheers.

grantcart

(53,061 posts)
28. Last month I went to a client's home but it turned out
Thu Jun 8, 2023, 03:35 PM
Jun 2023

To be the wrong address.

Upon entering I was over come with a thick cloud of Marijuana smoke. Inside were a 30ish couple and 3 kids under the age of 7.

My wife just returned from Thailand (which recently legalized Marijuana):and her sister smoked constantly.

Thailand just had an election which the left wing pro democracy parties won and this left wing coalition unanimously agreed that smoking Marijuana all the time and everywhere was such a problem that they were going to pass laws to restrict it (somehow).

Like most things there are some people who can't do things in moderation. Alcohol, Marijuana, guns, always some that go overboard.

uncle ray

(3,358 posts)
17. cannabis users cannot legally smoke in public.
Tue Jun 6, 2023, 11:32 PM
Jun 2023

we don't have bars or sections of restaurants thick with smoke, with the exception of the few places established specifically as cannabis consumption venues, which no non cannabis user would patronize anyway. we're not clustered up around the entrances to workplaces, or at our workstations. we are hidden away in our homes, or back by the dumpster so as not to offend the drunks exiting the bar.

so, yes, we celebrate finally being granted the right to choose some of what we put in our own bodies. that doesn't make us hypocrites for not wanting to smell cigarette smoke in public places.


fescuerescue

(4,475 posts)
26. Pot smoke doesn't bother me and it seems to disspipate
Thu Jun 8, 2023, 03:30 PM
Jun 2023

But cigarette smoke does. It smells for hours afterwards and gets into everything.

If I'm driving down the highway and the person in front of me is smoking, I'll change lanes and try to pass them.

It's that strong.

bucolic_frolic

(55,109 posts)
2. Nuisance violations are what disrupts neighborhoods too
Tue Jun 6, 2023, 07:51 PM
Jun 2023

When authorities fail to mitigate or enforce, suing for a public nuisance is the likely course.

chowder66

(12,235 posts)
3. Can I sue to have the 101 freeway moved? How about the car port under my bedroom?
Tue Jun 6, 2023, 07:55 PM
Jun 2023

What about people who wear too much perfume/cologne?

How about no parking outside of outdoor restaurants where the exhaust wafts into our faces.

Oneironaut

(6,296 posts)
25. This!
Thu Jun 8, 2023, 03:24 PM
Jun 2023

I can’t stand smoking a blunt. It’s just nasty to me. Same with a bong. I enjoy vaping occasionally, though.

Blues Heron

(8,827 posts)
11. dude should have immediately switched to gummies while installing an exhaust fan
Tue Jun 6, 2023, 08:24 PM
Jun 2023

This judge basically just outlawed all smoke producing activities - firepits, fireplaces, incense, backyard smokers, bbqs, if the standard is eliminating the smoking nuisance.

FakeNoose

(41,603 posts)
22. Yes, or he can move outside the city limits
Wed Jun 7, 2023, 08:31 AM
Jun 2023

IMO the judge got it right, but there are jurisdictional limits.

Maru Kitteh

(31,759 posts)
14. I have a medical card and I don't have a problem with this. The med
Tue Jun 6, 2023, 08:53 PM
Jun 2023

patient can vape or there a hundreds of ways to use concentrates and edibles that don't infringe on your neighbors.

Just because other people do bad things that bother you doesn't mean you have to behave the same way, it doesn't mean you have to be indifferent to the needs of others.

 
33. This gives me hope.
Thu Jun 8, 2023, 05:01 PM
Jun 2023

Why do the people that hate cigarette smoke, think it's OK to smoke something that smells like it came from the backside of a skunk and not do it outside?

BannonsLiver

(20,582 posts)
34. I hope the dude continues to blaze up.
Thu Jun 8, 2023, 05:06 PM
Jun 2023

On edit: Some of the responses in the thread are so DU on brand.

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