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

Local ordinances won’t protect businesses from federal prosecution

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marijuana, gay news, Washington Blade

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

marijuana, gay news, Washington Blade

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.

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Real Estate

Honey, have we been priced out of gay paradise?

Rehoboth remains more accessible than many queer beach destinations

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There are still pathways to homeownership in Rehoboth Beach. (Washington Blade file photo by Daniel Truitt)

Let’s set the scene, darlings. It’s a scorching July Saturday. You’ve got a trunk full of rosé, a playlist that slaps harder than a “RuPaul’s Drag Race” elimination, and a group chat blowing up with your people en route to Rehoboth Beach — the Delaware beach town that has been the LGBTQ community’s summer headquarters for decades. Sun, sand, Poodle Beach, drag shows, and the kind of easy, breezy freedom that only comes from being surrounded by your tribe.

Now imagine pulling up to a “FOR SALE” sign on that charming two-bedroom cottage two blocks from the boardwalk — the one you’ve been eyeing for years — and seeing the price tag: $1.97 million. Honey, put the rosé down. We need to talk.

Nation’s Summer Capital Has a Spending Problem

Rehoboth Beach has long worn the nickname “The Nation’s Summer Capital” like a crown, owing to the annual migration of Washingtonians — and increasingly, Philadelphians and New Yorkers — who descend on its 27 miles of Atlantic coastline every summer. For the LGBTQ community in particular, Rehoboth has never been just a beach town. It has been a sanctuary, a second home, a place where you can hold your partner’s hand on the boardwalk without a second thought. But the real estate market? She is not reading the room.

According to Redfin data, the median sale price of a home in Rehoboth Beach recently hit $1.96 million — a jaw-dropping 106% increase year over year, and a figure that sits 127% above the national median. The price per square foot has climbed to $1,160, up nearly 27% in the same period.  Gag.

So Who IS Buying Right Now?

Let’s not be dramatic — people are still buying in Rehoboth. They’re just a specific kind of people. According to neighborhood data, the per capita income in Rehoboth Beach runs around $118,239, equating to a household income of nearly $473,000 for a family of four. About a third of the workforce telecommutes, many in high-earning, white-collar professions. And more than 68% of residents hold a college degree, compared to a national average of under 22%.

If you want to buy a median-priced home in Rehoboth today with a standard 25% down payment, you’d need to bring nearly half a million dollars to closing — and then cover about $4,000 a month in ongoing expenses.

Still, the market isn’t quite the frenzy it was at peak pandemic frenzy. Homes are sitting on the market for an average of 88 days as of early 2026 — up significantly from the frantic bidding wars of a few years ago, when a listing might vanish before you could refresh Zillow a second time. Sellers are (slowly) getting the memo that buyers have limits.

Have Your Beach House (and Airbnb It, Too)

Many LGBTQ buyers have discovered a savvy workaround to Rehoboth’s sticker shock: buy a property, rent it during peak season, and let your summer visitors essentially pay your mortgage.

The numbers surprisingly support this strategy. The Rehoboth Beach short-term rental market currently has around 928 active listings, with hosts averaging $400 per night and annual revenues of approximately $39,689. The busiest month, predictably, is July — when guests book an average of 96 days in advance (so yes, those summer reservations your friends keep missing out on are being snapped up in April).

The key is making your property stand out in a crowded market. Properties accommodating eight or more guests dominate the Rehoboth STR market (nearly half of all listings), so that five-bedroom house with a game room suddenly starts to look like a business plan. At the same time – keep in mind that location, location, location honey – that is also so valuable. Even a two-bedroom condo close to the beach will also rent favorably well and get those numbers needed to make the most sense to your pockets.

This method allows you to have a second home, enjoy it, have friends enjoy it, and also helps recoup some of the overhead so the overhead and increase in overall purchase price is a bit more manageable.

What It All Means for Our Community

Rehoboth has always been more than real estate. It is one of the few places on the East Coast where LGBTQ people have, for decades, built an actual physical community — businesses, organizations, gathering spaces, neighborhoods — not just a social scene. CAMP Rehoboth, Poodle Beach, the Blue Moon (which, after some drama, was recently sold to new owners who pledged to keep it a queer-affirming space — phew), and countless gay-owned restaurants and shops form an ecosystem that attracts our community every summer precisely because the roots run deep.

But ecosystems require people — year-round residents, small business owners, artists, service workers — not just wealthy second-home owners. When prices rise to the degree they have in Rehoboth, the people who sustain that community can no longer afford to stay. It’s a pattern playing out in LGBTQ neighborhoods from San Francisco’s Castro to New York’s Chelsea, and it’s worth watching closely here.

The good news? Rehoboth remains more accessible than many comparable queer beach destinations. Provincetown, Mass. — the other iconic LGBTQ beach town on the Eastern seaboard — regularly sees median home prices north of $1.5 million with far less inventory and a significantly smaller footprint.

And Delaware’s tax structure does the community a quiet but important favor: no state sales tax, among the lowest property tax rates in the country, and relatively favorable income tax treatment for retirees. These aren’t glamorous talking points, but they matter when you’re running the numbers on whether your beach house dream can actually pencil out.

The Bottom Line, Babe

Can our community still afford Rehoboth? The honest answer is: it depends on what you mean by Rehoboth.

If you mean a single-family home within walking distance of Poodle Beach with an ocean view and a wraparound porch — prepare to spend north of $1.5 million, need a household income pushing six figures annually, and move fast when something comes to market.

If you mean a condo or townhome in the greater Rehoboth area – or a property you plan to rent out in peak season to offset costs — there are still real pathways in.

And if you mean belonging to a community, showing up every summer, taking up space on that beach, supporting LGBTQ-owned businesses, and making sure Rehoboth’s queer identity doesn’t get washed away by the luxury market tide — well, that part doesn’t have a price tag.

It just requires showing up. So pack the car. Bring the rosé. The beach is still ours.


Have a real estate question or Rehoboth market tip? Reach out to [email protected] for LGBTQ-friendly real estate resources in the Rehoboth area.

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Real Estate

The rise of accidental landlords

How changing market conditions are impacting property management

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In a buyer’s market, many sellers are looking to rent their homes rather than reduce the sales price. (Photo by zimmytws/Bigstock)

Why are there more “accidental landlords” renting out their properties in the Washington, D.C., metro area? 

The answer, according to The New York Times and other sources, is the current state of the real estate market. A growing number of accidental landlords are emerging as homeowners rethink their options in a challenging sales market. Rather than accept lower offers than they feel their properties deserve, many are choosing to rent instead of sell. 

This shift reflects both financial caution and changing market dynamics, where holding onto an asset and generating rental income can seem more appealing than locking in a perceived loss.

A Market in Transition

The D.C. housing market remains fundamentally strong, but it has clearly shifted from the frenzied seller’s market of prior years. Inventory has increased significantly, and according to Redfin, active home listings in the Washington, D.C., metro area have increased significantly, with reports indicating a rise of roughly 33% to 50% year-over-year in late 2025 and early 2026. 

This surge in inventory, coupled with falling demand, has shifted the market in favor of buyers, with roughly 22% more homes for sale than interested buyers. At the same time, homes are taking longer to sell. Buyers are still active, but they’re more selective, more price-sensitive, and less likely to engage in bidding wars.

This combination of rising inventory and longer selling timelines has created a key tension: sellers are no longer guaranteed the price they want. What’s a homeowner to do? Rent.

Why Homeowners Are Choosing to Rent

Rather than reduce their asking price, many homeowners are choosing to hold onto their properties and rent them out. National data confirms this shift. According to a report from Zillow, the share of rental listings made up of homes that failed to sell has climbed to near-record levels, with these accidental landlords accounting for a growing portion of rental supply. The number of these homeowners nationwide is at a three-year high.

The underlying psychology is simple: most sellers are not under immediate pressure to sell. And instead of accepting what they perceive as a discounted price, they opt to generate rental income and wait for more favorable market conditions.

For many homeowners, renting offers a way to “pause” the sales process without exiting the market entirely.

The Ripple Effect on the Rental Market

This influx of accidental landlords is reshaping the rental landscape. And this could be you!

  1. This trend is increasing rental supply. When unsold homes are converted into rentals, they add inventory to a market that has already seen new apartment deliveries and multifamily expansion. This is one reason rent growth has cooled in recent months, with national increases slowing to modest levels. 
  1. Additionally, it is changing the type of available rental housing. Accidental landlords are more likely to offer single-family homes, townhouses, or condos; properties that differ from traditional apartment stock. Zillow notes that single-family homes make up the largest share of these rentals now.

For renters in D.C., this means more choices, particularly in neighborhoods where rental inventory was previously limited.

Operational Challenges for Accidental Landlords

While renting may seem like a straightforward fallback strategy, many accidental landlords quickly discover that property management is a complex, operationally intensive business. Some of the most common challenges include:

  • Tenant screening and leasing compliance. D.C. has robust tenant protections and rent control regulations, particularly for older multifamily buildings. One wrong step can create legal complications home owners are not prepared for.
  • Maintenance and repairs. Deferred maintenance can quickly erode profitability and tenant satisfaction. And tenants do have the power to cut into your monthly profit when certain livability standards are not met.
  • Cash flow management. Not all rental income covers mortgage payments, especially for owners with higher interest rates. 
  • Regulatory compliance. Licensing, inspections, and rent stabilization rules can create administrative burdens.

In short, many homeowners underestimate the complexity involved in the transition from owner-occupant to landlord. What begins as a temporary strategy can evolve into a long-term operational commitment.

Property Management Firms Are Stepping In

As a result, property management companies across the D.C. metro area are seeing increased demand, particularly from first-time landlords. These owners often lack the infrastructure, systems, and expertise required to manage a rental property effectively. Professional management firms provide an array of solutions including marketing and leasing services, tenant screening and placement, rent collection and financial reporting, maintenance coordination, and compliance with D.C.’s evolving regulatory environment. For accidental landlords, outsourcing these functions can turn a reactive decision into a more structured investment strategy.

Green Renting: A Strategic Advantage in D.C.’s Rental Market

One often overlooked opportunity for accidental landlords—especially in Washington, D.C.—is the growing demand for “green renting.”

Energy efficiency is no longer just a lifestyle preference. For many renters, particularly in a high-cost city like D.C., it is a financial decision. Utility costs in the District can be significant, especially during peak summer and winter months. Properties that offer lower monthly energy expenses immediately stand out in a competitive rental market.

Installing solar panels, where feasible, can meaningfully reduce or even offset tenant electricity costs. For renters comparing similar properties, the difference between a standard utility bill and a reduced or stabilized energy cost can be a deciding factor. This is particularly true in D.C., where tenants are often highly-informed, environmentally-conscious, and sensitive to total monthly living expenses, not just base rent.

For landlords, the benefits extend beyond tenant appeal. Solar installations can help reduce vacancy, support longer lease terms, and create a premium perception that differentiates a property from competing listings. In some cases, landlords may also benefit from local incentives, tax credits, or increased property value tied to energy improvements.

In a market where many accidental landlords are competing on similar housing stock—single-family homes, condos, and townhouses—energy efficiency can become a key differentiator. It is not just about sustainability; it is about positioning a property to perform better financially.

A Local Market With Unique Dynamics

Washington, D.C., is a housing market shaped by federal employment, policy changes, and macroeconomic uncertainty. Recent developments, including fluctuations in the federal workforce and return-to-office mandates, have influenced both housing supply and demand. In some cases, these shifts have contributed to increased listings and more cautious buyer behavior. At the same time, D.C.’s high cost of entry continues to support rental demand. This dual dynamic creates ideal conditions for the rise of accidental landlords. Are you ready for this seismic shift? 


Scott Bloom is owner and Senior Property Manager of Columbia Property Management.

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Advice

I don’t see the point in a relationship 

Life is short and I want to do whatever I want

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Going through life with a partner isn’t for everyone. (Photo by yanik88/Bigstock)

Michael,

I’m 34, and after being on the dating scene for about 12 years, I’m coming to the conclusion that I don’t want to be in a relationship. 

I don’t love hanging out with the same person over and over again. I don’t feel all gooey when I’ve been with someone for a while. I run out of things to say, and also, it just gets boring.

I like my space. I don’t like having to share the bathroom or have someone next to me all night, especially when they want to go to sleep holding me. I know that sounds like heaven to a lot of people but it just feels intrusive to me. 

It’s a pain to have to compromise what I want to do. When I want to go someplace on vacation, or try a restaurant, or get up early to go to the gym, or sleep in, I don’t want to have to run that by someone else and get their OK. Life’s short. I want to do what I want to do.

I feel like we are constantly bombarded with the message to date and find a mate, but I don’t really see the point.  I don’t think I’m an introvert—I have a lot of friends—but I also like to spend time by myself and not be accountable to anyone.

When I think about marriage, it seems like a very old-fashioned concept, developed for straight people who want to have children. Historically you needed one person to work and another one to stay home and raise the kids. And you needed to stay together to give your kids two parents and a stable home. I get that.

But if I’m not having kids, what’s the point? I don’t need a husband to have sex. I can and do hook up all the time. It’s so easy to find someone online. And I get to have a lot more variety when I’m single than when I’m dating. Even though my relationships are always open, when I am dating someone, I always hook up a lot less, because I have to worry about the boyfriend’s feelings being hurt if I hook up “too much.”

I know I sound unromantic and maybe selfish but this is how I see it.  

My friends are all about having a boyfriend. They think I’m being ridiculous. Can I get another opinion?

Michael replies:

You make great points. Relationships do require us to give up some of our independence. They can feel stifling at times. And when the excitement of a new partner fades, things will at times feel “boring” in all sorts of ways, including sex. You can choose to avoid all of this by remaining single.

But relationships also give us tremendous overlapping opportunities to grow, including:

Being pushed to develop a clear sense of self: When we must constantly decide what we are willing to do or not do as part of a couple; and when our partner inevitably and frequently has interests, values, and priorities that conflict with ours, then we are challenged, over and over, to decide what is most important to us and how we want to live our lives.

Frequent opportunities to build resilience: All those old issues from our past that get us upset or riled up? We have to work through them so that we can stay (pretty) calm rather than losing our minds when our buttons are pressed.  

Improving our ability to have hard conversations – and without rancor: Unless we’re able to disagree, speak up, or confront when it’s important to do so, we are going to twist ourselves into a pretzel striving to accommodate the other person. And being able to engage in tough talks in a loving way is necessary if we want to have a loving relationship.

Becoming a more generous person: You wrote that you like to have things your way. But part of life, whether or not we are partnered, involves being thoughtful, considerate, and willing to put someone else first at times. Great relationships require us to do all of these things regularly—and many of us find that contributing to the happiness of someone we care about can increase our own happiness.

Besides these ongoing challenges, relationships give us the experience of someone knowing us deeply, and knowing someone deeply.  There can be great comfort in going through life with someone with whom we have this intimate connection, along with ongoing shared experiences of trust, support, comfort, and love. Long-term companionship is also an adventure: Can we keep the relationship vibrant and fun as we both keep changing over time? 

If you choose to remain single: Many people play their friendships on the easy setting, keeping things pleasant, on-the-surface, and non-confrontational; and cutting people off when things aren’t going well. Hanging in there to deal with the rough stuff can lead to deeper, longer friendships, and plenty of personal growth.

I do have a question for you: I am curious what sort of relationships you saw growing up, and what your own relationship experiences have been.  

Intimate relationships aren’t for everyone, and you get to decide what is right for you. But if your negative view of relationships is influenced by having witnessed or experienced intrusive or just plain awful relationships, maybe you want to do some work (therapy, for example) to heal from this stuff, rather than letting your past limit your future. A healthy relationship means being part of a couple while also remaining a vibrant individual, not being stifled, bored, and losing your independence.  

(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].)

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