Living
What does D.C.’s marijuana law mean for the community?
Local ordinances won’t protect businesses from federal prosecution
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.
Real Estate
Real terrors of homeownership come from neglect, not ghosts
Mold, termites, frayed wires scarier than any poltergeist
Each October, we decorate our homes with cobwebs, skeletons, and flickering jack-o’-lanterns to create that spooky Halloween atmosphere. But for anyone who’s ever been through a home inspection there’s no need for fake scares. Homes can hide terrors that send chills down your spine any time of year. From ghostly noises in the attic to toxic monsters in the basement, here are some of the eeriest (but real) things inspectors and homeowners discover.
Every haunted house movie starts with a creepy basement, and in real life, it’s often just as menacing. Mold, mildew, and hidden water leaks lurk down there like invisible phantoms. At first, it’s just a musty smell — something you might brush off as “old house syndrome,” but soon enough, you realize those black or green patches creeping along the walls can be more sinister than any poltergeist.
Black mold (Stachybotrys chartarum) is particularly fearsome – it thrives in damp, dark places and can cause serious respiratory problems. It’s not just gross – it’s toxic and, while some types of mold can be easily cleaned up, removing black mold can cost more than an exorcism.
Have you ever heard strange buzzing or seen flickering lights that seem to move on their own? Before you call the Ghostbusters, call an electrician. Faulty wiring, outdated panels, and aluminum circuits from the mid-20th century are the true villains behind many mysterious house fires. Home inspectors can also find open junction boxes, frayed wires stuffed behind walls, or overloaded breaker panels that hum like a restless spirit.
Imagine an invisible specter floating through your home – something that’s been there since the 1950s, waiting for you to disturb it. That’s asbestos. Home inspectors dread discovering asbestos insulation around old boilers or wrapped around ductwork. It’s often lurking in popcorn ceilings, floor tiles, and even wall plaster. You can’t see it, smell it, or feel it—but inhaling those microscopic fibers can lead to serious illness decades later.
Lead pipes, once thought to be durable and reliable, are like the vampires of your water system – quietly poisoning what sustains you. The results of a lead test can be chilling: even a small amount of lead exposure is dangerous, particularly for children.
And it’s not just pipes – lead paint is another problem that refuses to die. You might find it sealed beneath layers of newer paint, biding its time until it chips or flakes away. This is why, when selling a property built prior to 1978, homeowners must disclose any knowledge of lead paint in the home and provide any records they may have of its presence or abatement.
Scratching in the walls. Tiny footsteps overhead. Droppings in the attic. It’s not a poltergeist – it’s pests. Termites, rats, bats, carpenter ants, and even raccoons can do more damage than any ghost ever could.
Termites are the silent assassins of the home world, chewing through beams and joists until the structure itself starts to sag. Rats and mice leave behind droppings that can spread disease and contaminate food. Bats are federally protected, meaning your haunted attic guests can’t just be evicted without proper precautions. And I once had a raccoon give birth in my chimney flue; my dogs went crazy.
Ever step into a home and feel the floors tilt under your feet? That’s no ghostly illusion – it’s the foundation shifting beneath you. Cracked walls, doors that won’t close, and windows that rattle in their frames are the architectural equivalent of a horror movie scream.
Foundation damage can come from settling soil, poor drainage, or tree roots rising from under the structure. In extreme cases, inspectors find entire crawl spaces flooded, joists eaten by rot, or support beams cracked like brittle bones. Repair costs can be monstrous – and if left unchecked, the whole house could become a haunted ruin.
Some homes hold more than just physical scares. Behind the drywall or under the floorboards, inspectors may uncover personal relics – old letters, photographs, even hidden safes or forgotten rooms. Occasionally, however, there are stranger finds: jars of preserved “specimens,” taxidermy gone wrong, or mysterious symbols scrawled in attic spaces.
These discoveries tell stories of the people who lived there before, sometimes fascinating, sometimes chilling, but they all add to the eerie charm of an old home, reminding us that every house has a history — and some histories don’t like to stay buried.
So, while haunted houses may be a Halloween fantasy, the real terrors in homeownership come from neglect, not ghosts. Regular inspections, good maintenance, and modern updates are the garlic and holy water that turn a trick of a home into a treat.
Valerie M. Blake is a licensed associate broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her via DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.
Advice
Sexual desire is waning, should we open our relationship?
Couple faces difficult choices after seven years
Dear Michael,
When I met my husband seven years ago, I was super attracted to him and we had a really hot sex life.
That feeling has been waning for a while and now I am just not feeling it.
I know that people get older, gain weight, get less attractive over time but that’s not the case here. Ben is as good looking as ever. But I have little desire to have sex with him.
It bothers me that I don’t really want to have sex with the guy I love and want to spend the rest of my life with.
Is this why everyone else I know has an open relationship? Is there something I can do to want to have sex with my husband again?
This is causing major problems in my marriage. I don’t initiate anymore and half the time I find an excuse to not have sex when Ben initiates. He knows something is up but I usually blame it on work stress or not feeling well. I don’t want to hurt his feelings.
Aside from this, I love Ben and we have a lot of fun together. We’re very close, talk about all sorts of stuff, but not this.
Michael replies:
Pretty much everyone in a long-term relationship has to deal with decreased desire at some point.
Sex changes after you’ve been with your partner for a while. Sex is not going to be as easy, hot, and irresistible as it was at the beginning of the relationship. Newness generates a lot of the sexual heat at the outset of a relationship, and when the newness is gone, you don’t easily feel the same sizzling excitement that you felt when you first met.
Unfortunately, the kind of sex that people have at the beginning of a relationship is totally glorified in our culture as the gold standard of sex.
I say “unfortunately” because it’s not possible to consistently have the hot sex of a new relationship, ongoing, with a long-term partner. So if you think that is the best or only kind of sex to have, you will be contemptuous of anything else, and you will be disappointed in your sex life with your partner as time marches on.
But the sizzling sex people have at the start of a relationship is just one way to have sex. If you are willing to be imaginative, and are open to change, there are many other kinds of sex that can be wonderful.
How about sex for emotional connection? Sex for physical closeness? Sex for romance? Sex to celebrate just being together?
So, consider changing (not lowering!) your expectations. Rather than sulking or moping that you don’t want to spontaneously jump Ben’s bones, be open to having sex with your husband that is based more on your relationship and on your love for each other.
Now, here’s a whole other angle to consider: While the excitement of a new partner often fades, there are still ways to generate excitement and passion in a long-term relationship by taking risks and revealing yourself more deeply. Stick with me and I’ll explain.
- You haven’t said anything to Ben about your waning interest. I encourage you to re-think this. You would be much better positioned to tackle this issue collaboratively. Not talking about how stuck you feel is likely to deepen your feeling of shame and fear that something is wrong. Speaking with Ben about what is actually a fairly common couples’ issue could be a relief.
- Ironic as this may seem, the closer two people are, the less comfortable they may be being frankly sexual with each other. Clients often tell me that they are more comfortable expressing their real desires to someone they hardly know (or don’t know at all) than to their significant other. For one thing, the more your partner means to you, the more you may fear rejection if you reveal sexual feelings and desires that might upset or even shock your partner. For another, as couples get closer, sex may start to feel like too much closeness, and avoiding sex may be a way to create some space.
Not speaking up about what is important keeps you distant from your partner and drains your relationship of vitality. A powerful antidote to this: work toward becoming a person who can take risks, tolerate discomfort and uncertainty, and be able stand on your own when you don’t get your partner’s validation.
Talking with Ben, whether it’s about your lack of spontaneous desire for sex, or about sexual interests you may be keeping from him for fear of judgment, would involve your making uncomfortable moves that might lead to Ben’s judgment or even rejection. But doing so would also, of course, allow the possibility of more happening between you sexually. It would also let Ben know you better, thereby deepening the level of intimacy in your relationship. Making these moves could also be inherently exciting, which —guess what—could help to shake you out of your sexual doldrums and bring more passion and life into your relationship.
Similarly, you might start initiating. Even if you’re afraid it won’t go well and even if you’re not feeling it. That is the only way you are going to figure out how to have satisfying long-term sex. Take the need for an erection or orgasm off the table. Sex with your partner should not be a performance. Go for closeness, connection, and what feels good. And challenge yourself to go places that you are uncomfortable about going.
If any of this intrigues you, “Passionate Marriage” and “Intimacy and Desire,” both by David Schnarch, explore how your sexual connection can deepen over time in a long-term relationship.
Finally, with regard to your considering an open relationship as a remedy: Do you think that would enhance the sexual connection between you and Ben?
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].
Wedding Announcement
Douglas M. Haller and Timothy H. Longnecker wed in Detroit, Michigan
Couple weds in Detroit, Michigan
Douglas M. Haller and Timothy H. Longnecker were married on September 15, 2025 in Detroit’s gay-welcoming suburb Ferndale after 11 years as domestic partners in Midtown Detroit. Julia Music, coordinator of LGBTQ Pride celebrations in Ferndale, served as officiant.
The couple sang stanzas of the 1927 song “Side By Side” as their vows, concluding with an AI Gay Wedding Pledge: “to be Allies pursuing happiness, equality and shared dreams.”
The couples’ families hail from Detroit’s Old Redford neighborhood; Douglas is Irish and French-Canadian, Timothy is German and English. DNA testing confirmed to the couple that each shares substantial ancestry from Ostrobothnia, Finland.
Douglas began his advocacy as a gay cultural and political activist in 1971 by coming out in the disco dance scene of Detroit’s Gay Palmer Park neighborhood. In Washington, D.C. after 1974, he was an interior designer at Georgetown’s Little Caledonia boutique. Douglas became the co-owner of Hermes Antiques with Helen Coutts, a retired English Literature teacher from Redford H.S. On S St. at Connecticut Ave., D.C.’s first Pride celebrations were held in front of their shop, alongside Lambda Rising bookstore. Following victimization in an anti-gay hate attack, Douglas became the public awareness coordinator of the Gay Activists Alliance, and was the principal organizer of its Anita Bryant demonstration at Dupont Circle.
Returning to Detroit in 1979, Douglas achieved an M.A. in Ancient History & Archival Administration at Wayne State University (WSU), studying under Finley Hooper & Philip Mason; his Master’s Essay re: an American Labor Movement cartoonist, utilizing the Walter Reuther Library’s archives. His WSU 1973 B.A. included American Political/ Diplomatic History, & Interdisciplinary Studies. During 1979-82 he was Information Officer of ASP (Assoc. of Suburban People)— Metro Detroit’s largest gay and lesbian social and political organization.
Douglas relocated toSan Francisco in 1982. He was Curator of Photographs at California Historical Society Libraries in Pacific Heights and Los Angeles. Living in the Mission & Haight, he was active in Castro and South-of-Market gay life, just as the HIV/AIDS epidemic first appeared.
In 1986 Douglas relocated to Philadelphia, as Head Archivist of the University of Pennsylvania Museum of Archaeology/Anthropology; authoring an illustrated book on Maison Bonfils, 19th-century French photographers of the Near East. Douglas was Founding Archivist of Penguin Place, now Philadelphia’s William Way LGBT+ Community Center. He became a Charter Member, Academy of Certified Archivists; and Founding Member, Lesbian/ Gay Archives Roundtable, Soc. of American Archivists (Chicago).
Returning to WSU’s Reuther Library (1998), Douglas was Coordinator of Audiovisual Collections, & History of Photography Instructor. Following 9/11 Attacks (2001), he relocated to New Orleans as Head Curator of Louisiana State Museums. Later owning the Gay-welcoming Creole Inn B&B in the Marigny (nr the French Quarter), with his finger on the pulse of Nawlins’ Gaylife—until Hurricane Katrina (2005). GLBT+ neighborhoods weren’t inundated—becoming lively islands amidst destruction. Douglas returned to Detroit in 2008 as caregiver for his mother, Jeanette Kalahar (Haller) Marchand, formerly a radio singer in 1940s Detroit. He met Timothy in 2014.
Timothy achieved a 1991 MBA in Finance & 1985 BS in Management Information Systems from the Univ. of Michigan-Ann Arbor. During 30 years, he held Information Technology & Automotive Business positions in Metro Detroit & LA, including Partner at Deloitte & Touche, Ford Motor & IBM. As a Consultant, his work involved extensive travel in North America, Europe & Asia. He has two married daughters from a previous marriage, a Pediatric Cardiology Nurse Practitioner & a Recruiting Executive for Automotive Technology clients, both living in Metro Detroit. As their final project before retirement, Timothy & Douglas worked as Archivist & Technology Consultant for Detroit educators Harriet (Choreographer) & Irving (Sculptor) Berg. Harriet acted as a godmother during their early relationship & they assisted in caregiving during her final years.
Timothy and Douglas spend their retirement in a 1905 apartment near the Detroit Institute of Arts’ exhibits, films and concerts, enjoying ethnic restaurants, and traveling. In 2025 they went by train to experience the “First Homosexuals 1869-1939” exhibition in Chicago. The curator of the exhibition, Jonathan Katz, 1976 book “Gay American History”, inspired Douglas to become a gay archivist.
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