Marijuana: Why the drug became illegal and the future of legalization
Here's what you need to know about the future of marijuana legalization in the United States, from it's racist beginnings to today. Just the FAQs, USA Today
Following a three-year long legal battle, a Washington, D.C. judge banned a man from smoking medical marijuana in his home after his neighbor filed a lawsuit claiming the smell drifted into her home and made her sick.
Judge Ebony Scott ruled this week that although Thomas Cackett has a license to purchase medical marijuana "he does not possess a license to disrupt the full use and enjoyment of one’s land, nor does his license usurp this long established right."
According to court documents, Josefa Ippolito-Shepherd sued Cackett, who lives in the ground level apartment in an adjacent duplex, and her neighbor Angella Farserotu, who owns the duplex, in 2020. Ippolito-Shepherd alleged in her complaint that Cackett "'smokes marijuana 24/7' and that the 'foul and pungent odor enters and permeates (her) home, making her violently sick ...'"
The case was dismissed in 2021 when a judge found Ippolito-Shepherd "failed to state a claim on the sole ground that smoking marijuana in one’s home is legal in the District of Columbia and therefore cannot constitute an actionable nuisance." But a court of appeals reversed that dismissal, and the case was reopened last year.
Biden pardons marijuana users:Here's where marijuana laws stand in each state
Ippolito-Shepherd, a public health scientist, then testified in D.C. Superior Court that she experienced health issues including severe headaches, nausea, vomiting and respiratory issues within minutes each time Cackett smoked. Ippolito-Shepherd told USA TODAY she complained about the smell in 2018 and 2019 to Cackett and Farserotu, who acknowledged her tenant had been smoking marijuana.
"So the battle begun," Ippolito-Shepherd said.
Ippolito-Shepherd sent more than 200 emails to the defendants urging Cackett to stop smoking marijuana on the property, according to court documents.
Cackett, a restaurant manager, testified that he smokes medical marijuana two to three minutes per day to help him sleep and alleviate pain caused by various health problems. He told the court he smokes outside on the patio to abide by a no-smoking clause in his lease, but that Farserotu allowed him to smoke inside when the weather is bad. Cackett did not immediately respond to a request for comment from USA TODAY.
Scott ruled that Cackett had created a nuisance, but stopped short of awarding damages to Ippolito-Shepherd because she failed to provide medical evidence proving the marijuana smoke made her sick. Scott barred Cackett and anyone who visits him from smoking or burning marijuana in any way that emits an odor at his home or within 25 feet of Ippolito-Shepherd’s home.
Ippolito-Shepherd said while the odor is "horrible" her primary concern is the toxins in the smoke. Secondhand marijuana smoke contains many of the same toxic and cancer-causing chemicals in tobacco smoke – some of which are found in higher amounts – but more research about the effects of needs to be done, according to the Centers for Disease Control and Prevention.
Study:Toxic air pollutants from smoking cannabis with a bong are 4 times worse than cigarettes
"Because I am a public health person, I know the dangers for me, for my lungs, for my family, especially for children, and elderly. They are the two groups that are most vulnerable," she said. "So I am very concerned."
...
Excerpt only …
READ MORE BELOW
PUBLISHED By: N'dea Yancey-Bragg
USA TODAY
June 7, 2023 3:15pm EDT
UPDATED June 8, 2023 9:27am EDT
Image Credit:
- Aaron Smith, chief executive officer of the National Cannabis Industry Association, speaks during a news conference on the Safe Banking Act outside the US Capitol in Washington, D.C., US, on Wednesday, Sept. 14, 2022.
- Ting Shen | Bloomberg | Getty Images
Source : USA Today
Link to original : So dank it's illegal (literally): Man barred from smoking medical weed after neighbor sues
