Sue Your Neighbor Because His Marijuana Smells Really Dank? Yes, Says Judge Citing Private Nuisance Statute

In a recent ruling, Judge Ebony Scott of Washington D.C. determined that Thomas Cackett must cease smoking medical marijuana in his apartment due to complaints from his neighbor, Josefa Ippolito-Shepherd. The judge concluded that while Ippolito-Shepherd couldn’t establish her right to damages, she successfully argued that the odor of marijuana constituted a private nuisance. Consequently, Judge Scott ordered Cackett to discontinue his smoking activities, emphasizing that although he holds a license to purchase marijuana, he does not possess the right to disrupt others’ use and enjoyment of their property.