DC woman sues to stop neighbor from smoking marijuana in his own home — and wins!
Josefa Ippolito-Shepherd argued in court that pot smoke from her neighbor outside her duplex in DC ruined her quality of life. The Washington Post via Getty Images
A 76-year-old Washington, D.C. woman has won a major legal victory after a long battle with her neighbor over marijuana smoke drifting into her home.
Josefa Ippolito–Shepherd said the strong “skunk-like” odor from her next-door neighbor, 73-year-old Thomas Cackett, became unbearable — to the point that she sometimes dreaded coming home and even vomited from the stench.
“I wasn’t interested in money — I just wanted fresh air in my own house,” Ippolito–Shepherd told The Washington Post.
After representing herself in court for five years, she prevailed in a significant ruling from the D.C. Court of Appeals. The decision upholds a 2023 lower-court judgment that found in her favor, concluding that her right to “use and enjoy her own property” outweighed her neighbor’s claimed right to smoke marijuana.
Cackett, who lives on the lower level of the adjoining property, argued that he smoked only once a day for about five minutes to relieve symptoms from skin cancer, chronic hepatitis, arthritis, and sciatica. “I am not Snoop Dogg,” he told the court.
However, the appeals panel said it was “doubtful” that his smoking was so limited, and it ruled that the nuisance caused to Ippolito–Shepherd justified restrictions on his behavior.
Under the court’s order, Cackett is now prohibited from smoking within 25 feet of his neighbor’s home — including while on his own property. Any violations could lead to civil or criminal penalties.
While marijuana use has been legal in Washington, D.C. since 2015, the case establishes an important precedent for property rights and nuisance claims — one that could influence similar disputes across the country.
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