A Washington DC resident has been legally compelled to cease smoking marijuana after a neighbor’s lawsuit highlighted the negative impact of the persistent smoke on her well-being.
Josefa Ippolito-Shepherd, aged 76, accused her 73-year-old neighbor, Thomas Cackett, of smoking marijuana incessantly, claiming the “foul and pungent odor” was detrimental to her health, causing her to feel “violently sick.”
In her court filings, Ippolito-Shepherd noted that the smoke had driven away family, with her niece avoiding visits to her Ordway Street duplex since October 2022 due to Cackett’s continuous smoking habits.
In a groundbreaking decision, the DC Court of Appeals ruled in favor of Ippolito-Shepherd, mandating that Cackett refrain from smoking marijuana, a verdict that may set a significant precedent across the United States.
“For me, it was five years of a nightmare because I don’t have formal training in the law,” Ippolito-Shepherd shared with the Washington Post.
Despite the extensive time and effort required, she reflected, “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.
Josefa Ippolito–Shepherd, 76, said her neighbor’s constant marijuana smoking was making her ‘violently sick’
Thomas Cackett, 73, was ordered to stop smoking marijuana in what could be a landmark decision (File photo of marijuana plants)
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.
Ippolito–Shepherd compared the smell emanating from Cackett’s home to ‘feces’ or ‘skunk’
She claimed to suffer severe headaches, nausea, vomiting and respiratory issues within minutes ‘each time’ her neighbor smoked (File photo of a woman smoking marijuana)
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.’
Ippolito–Shepherd, who shares a wall with Cackett, first sued in 2020
The court said Cackett’s ‘use and enjoyment of his marijuana’ did not supersede Ippolito–Sheppard’s ‘use and enjoyment of her own property’ (File photo of marijuana)
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.
