Living

What does D.C.’s marijuana law mean for the community?

Local ordinances won’t protect businesses from federal prosecution

Published

10 years ago

May 8, 2015

Guest columnist

By JOHN J. MATTEO & LOGAN G. HAINE-ROBERTS

D.C. Code § 48-904.01 provides that persons over the age of 21 can possess relatively small amounts of marijuana for personal use, give some of that marijuana to others, and cultivate a few plants in their residence for personal use.

Washington, D.C., has legalized the recreational use of marijuana, allowing residents to smoke in their homes. Marijuana-smoking District residents may welcome this development, but their non-smoking neighbors and the residential communities where they live may have cause for concern. Non-smoking residents may have complaints about smoke entering their homes. Meanwhile, residential businesses catering to marijuana smoking residents may be concerned about their compliance with federal law.

While nearly half of the country has legalized marijuana use in some fashion, relatively few states have legalized recreational marijuana use. Among this small group of states, D.C.’s law is an anomaly. Unlike many of its counterparts, the District’s law does not allow the sale of marijuana. Instead, D.C. Code § 48-904.01 only provides that persons over the age of 21 can possess relatively small amounts of marijuana for personal use, give some of that marijuana to others, and cultivate a few plants in their residence for personal use. Moreover, smoking remains restricted to residences.

Longtime urban dwellers will recognize issues raised by a recent case as similar to past disagreements over cigarette smoke. Days after D.C.’s new law went into effect, a married couple filed a lawsuit in D.C. court alleging that their marijuana smoke wafting from the adjacent row house was harming their couple’s children. The judge hearing the case issued a temporary restraining order forbidding the neighbor from smoking anything in his home. The couple, both lawyers, has demanded $500,000 in damages in addition to the demand that the neighbor stop smoking.

In a past article for the Blade, we discussed the potential for conflicts such as these in the context of cigarette smoke, as well as their ramifications for condos and coop boards. Many of those steps apply to marijuana smoke as well. However, coops and condos may have more significant concerns with respect to marijuana smoke.

In short, the federal government still considers marijuana illegal. Marijuana is listed as a Schedule I controlled substance under the Controlled Substances Act. Schedule I controlled substances have a high potential for abuse, no accepted medical use, and no accepted protocol for medical use. In short, marijuana is among the most dangerous and least valued drugs according to the federal government. For reference, other Schedule I controlled substances include heroin, LSD and ecstasy.

The problem for coops and condo associations is that, while the District has legalized marijuana, the federal government has not. The law concerning conflicting state and federal law like this is fairly complicated, but federal courts have reached similar conclusions. Courts agree that businesses associated with marijuana use are subject to civil liability and possibly criminal prosecution by the federal government. Simply put, local laws legalizing marijuana will not protect businesses from contrary federal law.

The federal policy on marijuana implicates a number of laws applicable to coops, condo association, and even other businesses. For example, the Controlled Substances Act mentions real property owners and lenders specifically. The Act makes it illegal to knowingly lease or make available any place that is then used to produce or use a controlled substance. Therefore, landlords who are aware tenants residents are growing or using marijuana on the property may open themselves to criminal prosecution. As complaints arise between owners and renters, it may be harder for property owners and associations to ignore residents’ activities which are illegal under federal law.

The Comprehensive Drug Abuse Prevention Act raises additional legal concerns for property owners. This law allows the federal government to seize drugs and associated items, including money and real property. In the event a tenant arouses the suspicion of federal law enforcement, property owners and lenders may find their property or collateral forfeited under the law. Notably, a property owner or lender does not even need to know about the illegal activity before the federal government seizes the property. While these repercussions may seem extreme, they are not unforeseeable.

The Bank Secrecy Act may be significant for local banks even though it would be more directly applicable to marijuana-based businesses, which remain largely illegal in D.C. Generally, the Act obligates banks to assist the federal government in policing criminal activity by watching for suspicious activity in clients’ transactions and filing reports as necessary. Banks need some understanding of their clients’ money to file these reports. Naturally, lending or holding money banks know to be associated with marijuana may expose them to liability and prosecution under the Act. If a bank somehow became aware that a significant portion of its’ clients money was associated with marijuana, it would have additional responsibilities and concerns under this Act.

Federal agencies have tried to placate businesses concerned about compliance with these laws. The Department of Justice has issued two memos discussing legalized marijuana. The memos suggest that enforcement by federal authorities may be less vigorous in these states, but the memos also reiterate that marijuana is illegal and exposes users and businesses to prosecution. The Treasury has acted similarly to address banks concerns about making loans to marijuana based-businesses. Specifically, Treasury policy now requires banks to file an additional form under the Bank Secrecy Act to address these issues. However, despite these and other steps by federal agencies, the general consensus is that the federal government has done little to clarify the operation of local and federal laws and even less to address business concerns. Consequently, local coops, banks, and businesses now face the unenviable task of trying to remain compliant with federal law while their clients make use of D.C.’s new law.

If a cooperative apartment or condominium community is experiencing an increasing number of complaints regarding marijuana smells, smoke, or perhaps related criminal activity and if remediation efforts have been unsuccessful, the Board should consider a building-wide smoking ban, and perhaps a ban on odiferous plants. Smoking marijuana is legal under state law, but as has been seen in the case of the D.C. temporary-restraining order, it does not make it less of a nuisance. Owners and boards should begin preparing for these conflicts now by seeking legal advice early. Bear in mind also, that Congress has a significant level of control over District issues, but has not, as of yet, intervened directly on this. Consequently, the situation could change rapidly.

These are just a few of the potential issues that are on the horizon given D.C.’s new law. Others include the effect of the law on records and drug testing in the workplace. These and other issues are certain to find their way to the courts as potential plaintiffs use the law as a defense to adverse actions from their communities and employers.

This is part of a series of articles by Jackson & Campbell on legal issues of interest to the LBGT community. Jackson & Campbell is a full-service law firm based in Washington with offices in Maryland and Virginia. If you have any questions, contact John J. Matteo at 202-457-1600 or [email protected]. If you have any questions regarding our firm, contact Don Uttrich, who chairs our Diversity Committee, at 202-457-4266 or [email protected].

The contents of this article are intended for general informational purposes only and should not be considered legal advice.

Related Topics:D.C.District of Columbia marijuana pot

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Real Estate

No Rose, your interest rate has nothing to do with how many likes you got on Hinge

Many factors help determine rates these days

Published

1 hour ago

June 14, 2025

Joseph Hudson

With the rise of interest rates in recent years, buyers must understand the many factors that go into the final number. (Image by HomeStead Digital/Bigstock)

Picture it, you’re sitting in the lunchroom at work, and your coworker just bought a house. Another coworker bought one a few months ago and you hear that she got a totally different interest rate than the other one did, even though they both bought houses not that far from each other. Homebuyers everywhere have been wondering what interest rates they are going to get, lately. It’s easy to read an article online or see an ad on social media stating specific numbers, but there may be more than meets the eye going into a particular buyer’s interest rate.

What are the factors that can affect the interest rate a buyer eventually “locks in”?

Property details – certain properties may be in neighborhoods with higher rates of foreclosure, or there may be specific census tracts that allow a buyer to participate in the “Fannie Mae Home Ready” and “Freddie Mac Home Possible” programs, which carry more flexible requirements such as various income limits and lower interest rates, to help people begin homeownership.
Type of loan / loan amount– a conventional, conforming loan or a jumbo loan can have differing interest rates, as well as FHA loans.
Credit score – most people are aware that this affects what interest rate is quoted, just like on a credit card. Some lenders will work with you on ways to improve a credit score if the goal is to buy six, nine, or 12 months from now.
Lock period – do you want to lock in the rate for 30 days? 45? Market volatility can cause the rates to change so it will cost more money to hold onto a particular interest rate.
Loan to value ratio – one can still buy a home with less than 20% down, but the rate that is quoted may be higher.
Occupancy type – is this the primary residence or an investment property?
Points bought or credits taken – A buyer can pay the lender a fee to buy down the interest rate, or the seller can sometimes offer a credit. This has become more popular in recent years.
Market conditions – keep an eye on the news – as we are all aware, change is the only constant!

Lender Tina del Casale with Atlantic Union Bank says, “With jumbo fixed rates in the low 6’s, and first-time buyer down payment assistance loans such as DC Open Doors, rates are in the mid 7’s. With the added factors of your income, the address you are purchasing and your credit score factoring into the equation, interest rates are different from buyer to buyer these days. So, skip the online tools and make a few calls because that’s the only way to get an accurate quote these days!”

It might feel like an overwhelming amount of information to take on, but remember, there are people that help others take these big steps every day. A trusted lender and Realtor can guide their clients from start to finish when it comes to purchasing a home. And for that, you’ll be saying, “thank you for being a friend!”

Joseph Hudson is a referral agent with Metro Referrals. Reach him at 703-587-0597 or [email protected].

Advice

Stop haranguing your husband about how you think he should behave

Make your point and then move on from the argument

Published

20 hours ago

June 13, 2025

Michael Radkowsky

Make your point and move on but don’t insist your significant other sees everything your way. (Photo by TeroVesalainen/Bigstock)

Michael,

My husband is great, but he’s a pushover. It happens at work a lot. For example: His colleague, who came back from maternity leave about four months ago, is always leaving early. And Jeremy is always staying late to finish the jobs that they should be doing together.

But the most galling to me is that he doesn’t speak up for himself in his family. His parents (in my opinion) overtly favor his brother (who is straight) and his brother’s family. I could give a lot of examples. The latest: They’re treating the brother and the family to a cruise.

We’ve been together for 15 years, married for 12, and never get any such treatment.

Jeremy says his brother is strapped for cash (four kids, one income) and the family needs a break, whereas Jeremy doesn’t need his parents to pay for his (or our) vacation. I don’t really want to go on a cruise but it’s the principle of the thing.

Again, this is just one example. I feel bad for Jeremy being walked on, over and over, and I want him to start standing up for himself. Despite my repeated entreaties, he won’t.

When I push him on this, he tells me I’m not seeing the whole picture, or he sees it differently, or it’s not a big deal, or he’s fine with things as they are.

I can’t see how he could be fine with being taken advantage of, or not being appreciated. I think he’d have a much better life if he actually set some boundaries with people.

How do I persuade Jeremy to listen to me and be more assertive?

Michael replies:

Do you see the irony in complaining that you can’t get your husband to listen to you about being more assertive and setting a boundary?

You’ve made your point to Jeremy, repeatedly, and Jeremy is telling you to back off. In other words, he’s assertively setting a boundary with you.

You can’t get someone else to behave in the way you want, even when you’re certain that your way is best. Jeremy gets to decide how he wants to conduct himself.

Here’s a pattern I have noticed over and over again through my years of working with couples: When you try to do something for someone that is their own job to do, both you and the person you are trying to “help” wind up being resentful. You get annoyed that the other person won’t listen to your wonderful advice, and the other person gets annoyed because they don’t want someone else telling them what to do or how to live their life.

In this case, you’re trying to get Jeremy to stand up for himself more than he does, and he’s not interested in changing how he operates.

A great rule for relationships: You can advocate for what you want, but you have to let go of the result. (And advocate sparingly, or you risk being a nag).

You are continuing to argue the same point to Jeremy, and Jeremy isn’t interested in listening to you. As you asked for my advice, here it is: Cut it out before he gets into the resentment stage, if he’s not already there, as you apparently are.

Also, please consider that your repeatedly criticizing Jeremy’s parents where Jeremy sees no problem could damage not only your relationship with Jeremy, but also his and your relationship with his family.

We get to marry the person we marry. We don’t get to insist that they upgrade to a better (at least in our opinion) version. Trying to do so is not just disrespectful and a waste of time, it poisons the relationship.

So find a way to live with Jeremy as he is, or — if you find his acquiescent nature unbearable — leave. But don’t spend the rest of your marriage, or even another day, haranguing him about how you think he should behave.

Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C. He can be found online at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].

Real Estate

The best U.S. cities for LGBTQ homebuyers in 2025

Where strong equality scores, vibrant culture, attainable prices converge

Published

6 days ago

June 8, 2025

Scott Helms

Philadelphia is among cities that rank highest for LGBTQ homebuyers. (Photo by sborisov/Bigstock)

Buying a home has always been a landmark of security and self-expression. For LGBTQ+ people, it can also be a powerful act of claiming space in a country where housing equality is still a work in progress. The good news? This year offers more options—and more protections—than ever. A record-breaking 130 U.S. cities now score a perfect 100 on the Human Rights Campaign’s Municipal Equality Index (MEI), meaning their local laws, services, and political leadership actively protect queer residents, reports.hrc.org. Meanwhile, national housing analysts at Zillow expect only modest price growth this year (about 2.6 percent), giving buyers a little breathing room to shop around.

Below are eight standout markets where strong equality scores, vibrant LGBTQ+ culture, and relatively attainable prices converge. Median sale prices are from March 2025 Zillow data.

1. Minneapolis–St. Paul, MN

Median sale price: $317,500

Twin Cities residents benefit from statewide nondiscrimination laws that explicitly cover sexual orientation and gender identity, a thriving queer arts scene, and dozens of neighborhood Pride celebrations beyond the mega-festival each June. Buyers also appreciate Minnesota’s down-payment assistance programs for first-time and BIPOC purchasers—many LGBTQ+ households qualify.

2. Philadelphia

Median sale price: $227,667

Philly combines East Coast culture with Mid-Atlantic affordability. “Gayborhood” anchors like Giovanni’s Room bookstore mingle with new LGBTQ-owned cafés in Fishtown and South Philly. Pennsylvania added statewide housing protections in 2024, closing the legal gaps that once worried trans and nonbinary buyers.

3. Pittsburgh

Median sale price: $221,667

Don’t let the steel-town stereotype fool you—Pittsburgh’s MEI score is 100, and its real-estate dollar stretches further than in comparable metros. Lawrenceville and Bloomfield have become hubs for queer-owned eateries and co-working spaces, while regional employers in tech and healthcare boast top Corporate Equality Index ratings.

4. Tucson, Ariz.

Median sale price: $328,333

This desert city punches above its weight in LGBTQ+ visibility thanks to the University of Arizona, a nationally ranked Pride parade, and some of the country’s most picturesque outdoor recreation. Arizona’s statewide fair-housing statute now explicitly lists gender identity, giving buyers added recourse if discrimination occurs.

5. Madison, Wisc.

Median sale price: $413,867

Madison blends progressive politics with a top-five public university and a booming tech corridor. Local lenders routinely promote inclusive marketing, and Dane County offers one of the few county-level LGBTQ+ home-ownership programs in the nation, providing up to $10,000 in forgivable assistance for low-to-moderate-income couples.

6. Atlanta

Median sale price: $359,967

The cultural capital of the Southeast delivers queer nightlife, Fortune 500 jobs, and a web of supportive nonprofits such as Lost-n-Found Youth. While Georgia lacks statewide protections, Atlanta’s 100-point MEI score covers public accommodations, contracting, and employer requirements—shielding homebuyers who choose in-town neighborhoods like Midtown or East Point.

7. St. Petersburg, Fla.

Median sale price: $354,667 Yes, Florida’s statewide politics are turbulent, but St. Pete has long held firm on LGBTQ+ equality. The city’s Pride festival draws nearly a million visitors, and local ordinances bar discrimination in housing and public services. Waterfront bungalows in Kenwood and more affordable condos near Uptown give first-time buyers options.

8. Denver

Median sale price: $563,500

Colorado passed some of the nation’s strongest gender identity housing protections in 2024, and Denver’s queer community remains one of the most visible in the Mountain West. Although prices run higher, buyers gain exceptional job growth and one of the country’s largest Gay & Lesbian Chambers of Commerce.

Smart Strategies for LGBTQ+ Buyers & Sellers

1. Build Your Dream Team Early

Work with an equality-focused real-estate pro. The easiest way is to start at GayRealEstate.com, which has screened gay, lesbian, and allied agents in every U.S. market for more than 30 years.
Choose inclusive lenders and inspectors. Ask whether each vendor follows HUD’s 2021 guidance interpreting the Fair Housing Act to cover sexual orientation and gender identity.

2. Know Your Rights—And Limitations

Federal law bars housing bias, but enforcement can lag. Document everything and report issues to HUD, your state civil-rights agency, or Lambda Legal.
In states without full protections, rely on city ordinances (check the MEI) and add explicit nondiscrimination language to your purchase contract.

3. Evaluate Neighborhood Fit

Use local data: crime stats, school ratings, transit, and MEI scores of nearby suburbs.
Spend time in queer-owned cafés, bars, and community centers to gauge true inclusivity.

4. For Sellers: Market With Pride—And Professionalism

Highlight proximity to LGBTQ+ resources (community centers, Pride festivals) in your listing remarks.
Stage neutrally but inclusively—rainbow art is great, but removing personal photos can protect privacy during showings.

The landscape for LGBTQ+ homeowners is evolving fast. By coupling inclusive laws, supportive culture, and attainable prices, cities like Minneapolis, Philadelphia, and Tucson stand out for 2025. No matter where you land, surround yourself with professionals who value every part of your identity. Start your journey at GayRealEstate.com, lean on the resources above, and claim your corner of the American dream—on your own terms, and with pride.

Scott Helms is president and owner of Gayrealestate.com.