Living

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

Local ordinances won’t protect businesses from federal prosecution

Published

11 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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Introducing Next-Generation Assisted Living & Memory Support.

Now Available in Tysons: Kokua at The Mather

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4 days ago

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Autos

A magical Mercedes

S-Class continues to define what luxury really means

Published

1 week ago

May 23, 2026

Joe Phillips

Mercedes S-Class

At my stage of life — “somewhere between 40 and death,” as the iconic line goes in the musical “Mame” — I want some pampering. A lot of pampering.

Luckily, for anyone who constantly craves a soothing spa, steam room or sauna, there’s the completely updated Mercedes S-Class. This flagship sedan is now so full of glitz, glamour, and gee-whiz gadgetry, it gives new meaning to the term “auto erotica.”

Does this make the S-Class a “gay” ride? For me, any vehicle that pushes my buttons like this one is a Kinsey 6.

MERCEDES S-CLASS

$122,000 (est.)

MPG: 21 city/31 highway

0 to 60 mph: 4.3 seconds

Trunk space: 19 cu. ft.

PROS: Exceptional comfort. Ultra-quiet cabin. Cutting-edge safety.

CONS: Price climbs fast. Tech learning curve. Sportier competitors.

The S-Class continues to define what luxury really means, with a bolder silhouette, larger grille, and striking, next-gen LED headlights. There’s also an optional illuminated Mercedes star on the hood. Overall, nearly 2,700 parts are new or improved, so more than 50 percent of this vehicle has been updated. An extreme makeover, to be sure.

At the same time, this latest S-Class leans harder into intelligence and electrification than ever before. Under the hood, a range of turbocharged inline-six and V8 engines — paired with mild-hybrid systems — deliver power in a way that seems almost edited for smoothness. Braking is solid and strong, too, but never abrupt. All the engineering is fine-tuned and intentional.

Yes, the top-of-the line S580 version is more expensive, almost $140,000. But it’s also blisteringly fast, zipping from 0 to 60 mph in just 3.9 seconds. That’s as lickety-split swift as a Lamborghini Revuelto supercar, which has a starting MSRP of $610,000 and can easily exceed — yowza! — $800,000.

Colors? There are 150 to choose from for the exterior and 400 for the interior. You can even customize the illuminated door sills, interior stitching and wheel accents.

And the ride quality? Sublime. Adaptive air suspension reads the road constantly, leveling out imperfections before they even register. Rear-axle steering enhances maneuverability, making this full-sized sedan feel surprisingly nimble in tight spaces. On the highway, the S-Class simply glides like a private yacht on the calmest of seas — extremely quiet, composed and completely unbothered.

Whenever you slide inside, the cabin immediately sets the tone. A massive OLED digital display — the same high-def technology used for cinematic viewing and gaming monitors — anchors the dashboard, running the latest MBUX infotainment interface. Highly customizable, this software allows for advanced voice commands that feel natural, not forced. And an augmented-reality navigation system takes your route and overlays it onto live camera feeds. It’s intuitive — mostly, as there is a learning curve for all this cutting-edge gear. Overall, though, such amenities make older setups feel like dial-up internet.

A Burmester surround-sound stereo is available in 3D or 4D, with up to 31 speakers, 1,690 watts and tactile transducers in the seats that vibrate and pulse with the music. Those seats are, of course, extremely comfortable. And the seatbelts? These are now heated.

Let’s not forget the latest cabin air-filtration system, which can remove ultra-fine particles to deliver air quality that rivals medical environments. Clean air, yes, but even this seems like a special treat. It’s like being swaddled in couture, not ready-to-wear.

And lastly, there’s the rear-seat area, which — to be honest — is where the S-Class really shines. Executive packages offer multi-contour reclining seats with rapid heating and ventilating, heated armrests and massage functions. You can opt for a footrest, which ups the glam factor to give you a calf massage. Dual 13.1-inch display screens come with their own remote controls. There’s also a video-conferencing feature, to help transform the rear cabin into a fully connected mobile office. For me, it feels less “back seat” and more “private lounge.”

Even in fiction, high-tech luxury carries weight. Tony Stark helped cement the idea that state-of-the art vehicles can be aspirational, not just practical. The magical S-Class fits right into that narrative — minus the flying suit (for now).

Advice

I’m a 64-year-old single gay man and I hate my life

How can I turn things around before it’s too late?

Published

1 week ago

May 22, 2026

Michael Radkowsky

I’m officially old, maybe even nearing the finish line and I’m getting bitter.

Dear Michael,

I’m a 64-year-old single gay man and I hate my life.

I’ve never had a relationship that lasted more than a few months. I can’t say why. I don’t think I’m defective. I wasn’t unattractive when I was younger (still not bad looking), I think I’m an interesting person to spend time with, but everything always seemed to fizzle out.

Thankfully, I missed AIDS because I came out after people knew what to do. Sometimes I wonder if fear of contracting the virus metastasized into a fear of getting close. I don’t know. I don’t think I’ve consciously kept people away. Consciously I have wanted someone to share my life with, very much.

With my 65th birthday and official senior citizen status approaching, I’ve been taking stock of my life and am coming to the hard realization that I’m never going to find that elusive partner.

I don’t go out anymore because people look right through me, except the ones who have a fetish for older guys. No one’s actually interested in me as me, a unique person rather than what they see on the surface.

I’m tired of my coupled friends. They’re always talking about “we.” Yes, I have become resentful that they have what I want and will never get. I know that’s not admirable but it’s how I feel, secretly, and I am sick of feeling like this when I am around them. So why be around them?

And I’m tired of my friends who are focused on sex all the time. It just all feels like a waste of time. I don’t get anything from a hookup anymore, they’ve been feeling increasingly meaningless. I feel like I’m someone’s momentary opportunity to get off, rather than any kind of real connection.

I’m just sick of the whole chase I’ve been doing for the last 40+ years.

I’m realizing that the whole thing has been pointless, a quest for a partner who is never going to materialize and a lot of diversions along the way that have added up to a despairing feeling that I’ve wasted my life trying to get something that will never happen.

Gay life hasn’t been so gay for me. And I’m officially old, maybe even nearing the finish line. Yes, if you haven’t noticed, I’m getting bitter.

What do I do with this dead end?

Michael replies:

How about looking for a different road to go down?

I’m not going to challenge your belief that you aren’t going to find a partner. I think it’s possible that you could, because there are other guys out there, in your age range, who are looking. But you have no guarantee, especially if you have decided to take it off the table.

So what else can you do with your life? How can you make your remaining time on this earth well-lived?

From your letter, it’s clear what you don’t want to do: Look for a boyfriend, hook up, or spend time with your current friends. Surely there must be more possibilities for your life than those options.

So my advice is to figure out some things you care about and start doing them. Travel? Volunteering? Getting a companion animal? Taking classes? Finding a new career? Those are just a few of the ideas I can come up with, but I don’t know you. What ideas can you generate, that you suspect you’d like to pursue?

In other words, start putting one foot in front of the other and go in some new directions that intrigue you enough to explore.

Sitting around feeling miserable does not help you to get anywhere. It keeps you feeling miserable. Sitting around waiting to feel better does not lead you to feel better. What would help you get to a better place would be to start taking action on your own behalf. Always keep in mind that while you are alive, with your faculties intact, you do have the choice to take this step, over and over and over again.

If you give yourself something (or some things) worthwhile to put your focus on, and do your best to shift your focus there whenever you notice that you are lamenting, I’m hopeful you will create a more fulfilling and meaningful life.

I’m also hopeful that if you are spending time doing things that you actually enjoy and that enrich your life, you may find more satisfying companionship than you are experiencing with your current friend group. (And yes, this could include a romantic relationship if you decide to be open to this possibility.)

A brief reply in an advice column can point you in the right direction, but it is likely not enough to sustain and motivate you through a major life overhaul.

Therefore, I suggest that you find a therapist to help you figure out how to move forward and what to move toward; and also to grieve, and put to rest as best you can, the loss of the life you hoped you would have.

I know that transcending the loss of a huge lifelong dream may seem impossible. But working toward this, as best you are able, would help you.

Relatedly, one more thing that I hope you can address with a therapist is your bitterness. I do understand why you feel so bitter, and I also think that it is torquing your life in a downhill direction.

Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C., Maryland, Virginia, and New York. 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].