Landmark Legal Victory: Tenant Prohibited from Smoking Cannabis Following Neighbor’s Successful Lawsuit

A resident of Washington DC has been legally ordered to cease smoking marijuana following a lawsuit from his neighbor, who argued that the persistent smoke was severely impacting her well-being.

Josefa Ippolito–Shepherd, aged 76, accused her neighbor, 73-year-old Thomas Cackett, of smoking marijuana incessantly, alleging that the “overpowering and unpleasant smell” was making her feel extremely unwell.

According to court documents, Ippolito–Shepherd noted that her niece had stopped visiting her at her Ordway Street home since October 2022 due to the continuous marijuana smoke from Cackett.

In a significant ruling, the DC Court of Appeals decided that Cackett must refrain from smoking marijuana, a verdict that might set a precedent nationwide.

“This has been a five-year ordeal for me, especially since I don’t have a legal background,” she shared with the Washington Post.

‘The time dedicated to this was tremendous, but I think it was worthwhile.’

Ippolito–Shepherd, who shares a wall with Cackett, sued him in 2020.

The 76–year–old woman said she hated coming home due to a ‘fear of smelling marijuana smoke,’ per court documents.

She compared the smell emanating from Cackett’s home to ‘feces’ or ‘skunk.’

Ippolito–Shepherd also claimed to suffer severe headaches, nausea, vomiting and respiratory issues within minutes ‘each time’ her neighbor smoked.

In one text message shown in court documents, she messaged Cackett: ‘Upon returning and entering my home, the horrible Cannabis smell was overwhelming, so much so that I got very, very nauseated/sick and started vomiting repeatedly until nothing was left in my stomach.

‘Soon after, I went to see you… your door was open, with the screen door, and the Cannabis smell emanating from your apt was so potent that again I felt very nauseous. I knocked at your door, and called your name several times, with no response from you.

‘Please know that I am VERY, very concerned, as I cannot afford to be sick in my own home.’

The DC resident is a public health expert who represented herself in the case.

A DC Superior Court had already ruled in Ippolito–Shepherd’s favor in June, but Cackett appealed the decision – unsuccessfully.

The lawsuit was the first of its kind in DC, which legalized medical cannabis in 2010 and recreational use in 2015.

Cackett testified in 2023 that he smoked marijuana for two–to–three minutes each day, and that he had never smoked for longer than a five-minute period.

He specifically claimed to take between seven and 12 puffs each time he smoked.

Cackett said during the trial: ‘I am not Snoop Dogg.’

The 73–year–old also detailed a long medical history that included skin cancer, chronic Hepatitis, arthritis, sciatica and other ailments – which is why he turned to marijuana.

Cackett admitted to smoking inside in the case of inclement weather and said he would smoke near his kitchen, which was ‘very close’ to Ippolito–Sheppard’s.

He claimed he could only smoke from a bowl, as other methods of marijuana consumption led to ‘negative health effects.’

The court found it ‘doubtful’ that Cackett only smoked for a few minutes per day. 

It ruled that his ‘use and enjoyment of his marijuana’ did not supersede Ippolito–Sheppard’s ‘use and enjoyment of her own property.’

Cackett was therefore barred from ‘smoking or burning marijuana’ on the premises of his apartment or within 25 feet of Ippolito–Sheppard’s residence.

Any violations are punishable by criminal or civil penalties, the court ruled.

Ippolito–Shepherd said she had ‘documented more than 100 instances’ of Cackett smoking marijuana even after the decision.

‘I was not interested in money, I was interested in getting fresh air in my home,’ Ippolito–Shepherd told the Washington Post.