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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

D.C.’s housing reality: Cautious optimism meets landlord strain

Cost of living remains a major problem

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(Photo by sparky2000/Bigstock)

Washington has long prided itself on stability. Anchored by the federal government and buoyed by a highly educated workforce, the District has historically weathered economic uncertainty better than most cities.

But beneath that stability, cracks have been showing since January 2025.

I was having a conversation with a prospective client the other day and offered him a candid assessment of the District’s economic outlook. Simply put, structural challenges have been shaping the city’s future, a new mayoral election, and more that blends cautious optimism with clear concern about the changes ahead.

For one, the long-term shift toward remote and hybrid work continues to reshape the city in ways many people still underestimate. There has been a change in the rhythm of downtown D.C., reduced daytime foot traffic for local businesses, and created uncertainty for commercial real estate owners and the neighborhoods that depended on those workers every day.

At the same time, the cost of living in the District continues to rise at a pace that many residents are struggling to absorb. Even residents with strong incomes are becoming more cautious about spending and relocation decisions.

Landlords are feeling those pressures as well. Many smaller housing providers are operating in an environment where expenses continue to rise faster than revenue while the regulatory environment has grown increasingly complex. For some rental owners, especially those with older buildings or only a few rental units, the math is making it harder to cover costs, much less generate passive income. 

There is also growing concern about the District government’s own financial outlook. Significant budget pressures and spending cuts are being had in a more serious way than many Washingtonians are used to hearing. As uncertainty in federal employment affects local tax revenue and consumer confidence, how will the city fund services, infrastructure, housing programs, and public safety priorities in the years ahead? 

At the same time, consumer confidence feels noticeably down than it did even a few years ago. People are taking longer to make decisions, whether that means signing a lease, purchasing a home, renovating a property, or expanding a business. That hesitation creates a slower-moving marketplace where caution often replaces momentum. 

Despite all this, Washington has proven remarkably resilient over time. The city continues to attract talented professionals, international investment, universities, healthcare institutions, and industries tied to government, law, technology, and public policy. Neighborhoods continue to evolve, and demand for well-managed rental housing remains strong in the core areas of the city.

Unlike other major cities driven by private industry, federal employment and contracting are two of the main pillars of Washington’s economy. That reliance has long insulated the region from deep recessions. But it also creates vulnerability when federal activity slows.

D.C.’s economy is far more interconnected and interdependent than many people fully appreciate. Between significant federal layoffs, the District’s high unemployment rate, and broader economic uncertainty, there are a number of warning signs that property owners should be paying close attention to. When federal hiring slows or contracts tighten, the impact extends well beyond government workers themselves. It affects restaurants, retail, housing, and countless other sectors tied to the District’s economic activity. 

Brookings Institution has documented how job losses in higher-income sectors can disproportionately impact urban economies—precisely because those workers drive local spending.

Research from the Urban Institute supports this view, noting that federal workforce disruptions can quickly ripple through the region’s economy. For landlords and renters alike, those ripples are already being felt.  Renters see many more properties on the market which gives them leverage on negotiating discounts in rent or special incentives.  Housing providers, already squeezed by the reality of a weak economy and strong regulations face lowering rents and income.

For years, affordability has been one of D.C.’s most persistent challenges. Much of that pressure has been driven by strong job growth and sustained demand for housing at a pace that new housing inventory has struggled to match. That imbalance has steadily pushed rents and home prices higher, leaving many residents financially stretched.

Recent multifamily housing data suggests the market is already beginning to adjust. Developers delivered more than 15,000 apartment units across the Washington metropolitan area over the past year, and several industry reports have noted that elevated supply levels, combined with slower demand growth, have contributed to softer occupancy levels and downward pressure on rents in portions of the region. CoStar, CBRE, and Northmarq have all reported rising vacancy rates across segments of the D.C. multifamily market as newly delivered Class A inventory continues entering the pipeline at a time when hiring growth has moderated and federal workforce uncertainty has increased. 

At the same time, several economists and housing analysts have cautioned that the District’s affordability challenges are deeply structural and unlikely to disappear quickly. The Joint Center for Housing Studies of Harvard University has repeatedly identified Washington among the nation’s more cost-burdened metropolitan areas, particularly for renters, while Zillow data continues to show housing costs consuming a substantial percentage of household income for many residents.

From my own perspective as a property manager working directly in the market every day, I believe we are beginning to see the early stages of a market recalibration rather than a collapse. Anecdotally, there appears to be more competition among larger apartment buildings than there was several years ago, particularly in neighborhoods where substantial new inventory has recently delivered. That does not necessarily mean dramatic rent declines are coming, but it does suggest that the imbalance between supply and demand may be moderating somewhat after years of sustained upward pressure on pricing.

Even if prices soften, affordability will remain a long-term challenge.

Regulation and the Realities of Tenant Turnover

The same rental owner I spoke with pointed to regulatory hurdles as a major source of hesitation to continue renting out his property, given past bad experiences with tenants and excessive costs to prepare the rental for a new tenant.  

For many small property owners, the cumulative weight of regulation, maintenance costs, and market uncertainty is becoming harder to bear. Clients of mine have described feeling overwhelmed, not just financially, but emotionally. What was once a source of pride has, in some cases, become a source of stress.

We’re seeing more small landlords sell their rental homes, questioning whether it’s worth staying in the market. That’s a significant shift from even five or ten years ago. The National Multifamily Housing Council has noted that regulatory complexity often disproportionately impacts smaller landlords, who lack the resources of larger firms.

Some are choosing to sell. Others are simply trying to hold on. The result is the same – less rental housing for DC residents.

A Shift From Pride to Disillusionment

Perhaps the most striking theme is the emotional shift described by the property owner. For some, owning property in D.C., once a milestone achievement, has become a source of disillusionment. They cited financial losses, regulatory frustration, and a growing sense of political alienation.

There are also broader concerns about:

  • The decline of small multifamily ownership 
  • Rising foreclosures in certain segments 
  • Increased consolidation by larger institutional landlords 

If small landlords continue to exit the market, it changes the entire housing ecosystem. You lose diversity in housing options, and that can have long-term consequences for affordability.  It also robs families of having homes large enough to live in.

Politics and Policy: A System at a Standstill?

The political environment has obviously been a key factor shaping the city’s housing future. Following the 2026 elections, a lack of significant leadership change may result in continued policy stagnation.

Without meaningful policy shifts, we’re likely to see more of the same:  continued and increasing pressure on landlords and not enough study and focus on policies to increase housing supply by first stopping those property owners fleeing the District’s extreme tenant friendliness. The D.C. City Council remains central to these decisions, with advocacy groups continuing to push for expanded tenant protections. The importance of balance cannot be understated: ensuring protections for renters while maintaining a viable environment for housing providers.  

Taken together, these dynamics point to a housing system at a crossroads.

D.C. must find a way to balance:

  • Tenant protections 
  • Housing affordability 
  • Landlord sustainability 
  • Long-term investment in housing supply 

What’s Next?

D.C. isn’t going anywhere. The question is how it adapts. If we can find the right balance, there’s a path forward, but it’s going to take time and thoughtful policy decisions. For landlords, that path will require adaptability and engagement. For renters, it may mean gradual rather than immediate relief. For policymakers, it presents a clear challenge: create a system that works for everyone.

Scott Bloom is owner and senior property manager of Columbia Property Management. Contact him via ColumbiaPM.com.

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Real Estate

Introducing Next-Generation Assisted Living & Memory Support.

Now Available in Tysons: Kokua at The Mather

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We have good news for those seeking assisted living or memory support for a loved one: a fresh, hospitality-driven approach to care is now available in the heart of Tysons, Virginia. Kokua at The Mather opened in fall 2025 and provides residents with collaborative care as well as everyday possibilities for creativity, purpose, and connection. 

For a limited time, Kokua is welcoming new residents with exclusive move-in incentives. 

“Kokua is a Hawaiian word meaning ‘To extend help to others without expecting anything in return,’” explains Brandon Davidson, Administrator. “If you’re seeking support for a loved one, Kokua is worth a closer look. We take an individualized approach to care, with evidence-based practices provided by a dedicated, interdisciplinary team.” 

LIMITED-TIME OPPORTUNITY

“At Kokua, we focus on the individual. We blend care with our research-driven approach to deliver personalized wellness tailored to residents’ needs and preferences,” says Davidson. 

Residents enjoy the freedom to choose from enriching programs, meaningful social opportunities with experiences such as sensory walks, meditation, acupuncture, Reiki, songwriting workshops, poetry readings, Sensory Symphony Swim, and more.

Assisted Living in Ādar

Ādar means “respect”, and Kokua delivers. Comfortable residential living is combined with caring assisted living services, enabling residents to remain as independent as possible. Each one-bedroom apartment home (ranging in size up to nearly 900 square feet) offers generous space and thoughtful design, complemented by assistance with daily living tasks and emergency response systems for peace of mind. 

Memory Support in Miran

Miran means “peaceful”—another pillar in the Kokua way of life. Private suites are designed for those with mild to moderate Alzheimer’s disease, dementia, or similar cognitive conditions. “Our person-centered approach embraces individual strengths and needs, with an interdisciplinary team that includes a staff member in attendance 24 hours a day to assist with event reminders and activities of daily living,” says Davidson. “Residents have access to a variety of opportunities to connect, express, and explore their potential through social events, wellness programs, creative arts, and more.”

Kokua offers the next generation of care in these areas, with a commitment to highly personalized service. 

INSPIRED AMENITIES & BOUTIQUE SERVICE

Nestled in a lively urban neighborhood, Kokua incorporates biophilic design that brings the outside in to enhance health and wellbeing. 

Throughout Kokua, residents enjoy a collection of thoughtfully designed spaces and top-shelf hospitality in an upscale community. Beautifully appointed gathering spaces create flexible opportunities for wellness, connection, and everyday enjoyment. A spacious outdoor terrace, demonstration kitchens, art and music studios, and more are used for an array of programs and are available to residents and their visitors. Multiple restaurants offer chef-prepared cuisine with flexible, open-hour service.

“Here at Kokua, we’re offering the next generation of care in Ādar and Miran, and it’s available to the public for a limited time,” says Davidson. Now is an ideal time to explore the personalized care and quiet luxury that Kokua at The Mather has to offer.

For more information, download a brochure at www.themathertysons.com/kokua. To schedule a visit or for additional details, contact Kokua at [email protected] or (571) 282.3650.

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Autos

A magical Mercedes

S-Class continues to define what luxury really means

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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).

Mercedes S-Class interior
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