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‘I Am Not Snoop Dogg’ Man Forbidden From Weed Smoking at Home

D.C. ruling could open the door to future legal actions against cannabis ‘nuisance’ neighbors.

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PHOTO COURTESY OF GCT

A Washington 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, reports the Washington Post.

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 the neighbor, 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.”

In Washington, D.C., cannabis is legal for both medical use and recreational use  following an affirmative vote by the residents on a 2014 ballot initiative.

Ippolito-Shepherd argued during the trial in January that she has faced health problems, including difficulty sleeping, ever since she noticed the smell of marijuana

Cackett is now banned from smoking at his address or within 25 feet of Ippolito-Shepherd’s address.

“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.

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The decision is believed to be the first of its kind and could open the door to additional legal action.

Cackett testified that the medical marijuana relieves pain and helps him sleep after physically intensive work shifts. He said that he smoked about “eight to 12 puffs” at night after he gets off work, typically outside if the weather was tolerable, and he denied smoking “all day and all night as the plaintiff alleges.”

“I am not Snoop Dogg,” Cackett reportedly said during the trial.

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