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.
Valentine’s Day is often portrayed as a celebration of romantic love — flowers, chocolates, and candlelit dinners. But for many LGBTQ+ individuals and couples, Valentine’s Day can also be a moment to reflect on something deeper: the love that creates a safe, welcoming home.
For LGBTQ+ home buyers and sellers, homeownership is more than a financial milestone—it is an act of belonging, resilience, and pride. Owning a home can mean finally having a place where you can hold hands with your partner on the front porch, decorate with your authentic style, and build a life free from judgment. In this way, buying or selling a home is one of the most meaningful love stories many LGBTQ+ people will ever write.
This Valentine’s Day, whether you’re a first-time gay home buyer, a same-sex couple upgrading your space, or an LGBTQ+ seller moving on to your next chapter, it’s worth thinking about how love, identity, and real estate intersect—and how to navigate that journey with confidence, protection, and the right support.
Love, Identity, and the Meaning of ‘Home’
For generations, LGBTQ+ people were denied equal access to housing, homeownership, and legal protections. Even today, many LGBTQ+ home buyers still face subtle bias, uncomfortable interactions, or outright discrimination in the real estate process.
That’s why finding LGBTQ+ friendly real estate and an affirming gay friendly realtor or lesbian realtor matters so much. A home isn’t just a building—it’s a personal sanctuary. Working with LGBTQ+ real estate agents who understand your lived experience can make all the difference between a stressful transaction and a joyful one.
For over 30 years, GayRealEstate.com has been the leading gay real estate network, connecting LGBTQ+ home buyers and sellers with gay real estate agents, lesbian real estate agents, and LGBTQ+ friendly realtors who truly “get it.” Their mission has always been simple yet powerful: to ensure that every LGBTQ+ person has access to safe, respectful, and inclusive real estate services.
Finding Your Match: Choosing the Right LGBTQ+ Friendly Realtor
Much like dating, finding the right real estate agent is about compatibility, trust, and communication. Here are some key tips for choosing the best LGBTQ+ real estate representation:
- Look for experience with LGBTQ+ clients. Search for a gay realtor near me or lesbian realtor near me through GayRealEstate.com, where agents are vetted for cultural competency and community commitment.
- Ask about their experience with same-sex couple home buying. A strong agent should understand issues like joint ownership, legal protections, and financing considerations.
- Choose someone who listens. You should feel safe sharing your priorities—whether that includes proximity to LGBTQ+ nightlife, affirming schools, or lesbian-friendly neighborhoods.
- Prioritize respect and transparency. Your agent should advocate for you, not just push a quick sale.
The right gay friendly real estate agent isn’t just helping you buy a house—they’re helping you find a place to build your life.
Best Cities for LGBTQ+ Home Buyers
If love is your compass, location is your map. Some of the best cities for LGBTQ+ home buyers consistently offer strong community presence, legal protections, and welcoming neighborhoods:
- Wilton Manors, Florida – A hub for LGBTQ+ culture with thriving LGBTQ+ real estate opportunities
- Palm Springs, California – A long-standing LGBTQ+ retirement and second-home destination
- Provincetown, Massachusetts – Historic LGBTQ+ community with progressive housing protections
- Asheville, North Carolina – Growing market with inclusive real estate services
- Fort Lauderdale, Florida – Diverse, welcoming, and highly sought-after for LGBTQ+ home ownership
Working with GayRealEstate.com allows you to connect with local LGBTQ+ real estate experts who know these markets inside and out.
Navigating Legal Protections in LGBTQ+ Real Estate
Love is universal—but legal protections are not always consistent. Understanding your rights is essential when buying or selling a home as an LGBTQ+ person.
Key protections include:
- Fair Housing Act (FHA): Prohibits discrimination based on sex, which courts have increasingly interpreted to include sexual orientation and gender identity.
- State and local protections: Many cities and states offer additional safeguards against LGBTQ+ housing discrimination.
- Same-sex couple legal considerations: If you are married, joint ownership is typically straightforward. If not, consult an attorney about co-ownership agreements.
A knowledgeable LGBTQ+ friendly realtor from GayRealEstate.com can help guide you through these complexities and connect you with trusted legal professionals when needed.
Buying a Home as an LGBTQ+ Person: Practical Tips
If you’re embarking on your home-buying journey this Valentine’s season, here are smart, practical steps to take:
- Clarify your priorities. Do you want a vibrant LGBTQ+ neighborhood, quiet suburbs, or access to queer community spaces?
- Get pre-approved for a mortgage. This strengthens your position in competitive markets.
- Work with an LGBTQ+ real estate agent. Searching “finding a gay real estate agent” or “finding a lesbian real estate agent” through GayRealEstate.com is a great first step.
- Research inclusive communities. Some neighborhoods are more welcoming than others.
- Know your rights. If you experience bias, document it and seek legal guidance.
Buying a home is an act of self-love—and community love.
Selling a Home as an LGBTQ+ Person
Selling can be just as emotional as buying, especially if your home represents years of memories with your partner, friends, or chosen family.
When selling a home as an LGBTQ+ person, consider:
- Working with a gay friendly realtor who will market your home inclusively
- Highlighting LGBTQ+ community appeal in listings
- Being prepared for potential buyer bias (and knowing how to respond)
- Leaning on GayRealEstate.com’s LGBTQ+ real estate services for trusted guidance
Your story—and your home—deserve respect.
Real Estate for LGBTQ+ Families
More LGBTQ+ couples are raising children, fostering, or building blended families. This makes homeownership even more meaningful.
When searching for real estate for LGBTQ+ families, consider:
- LGBTQ+ affirming school districts
- Family-friendly queer communities
- Safe neighborhoods with inclusive values
- Access to LGBTQ+ resources and social networks
GayRealEstate.com specializes in helping LGBTQ+ families find homes that truly fit their lives.
Love, Pride, and Homeownership
At its core, Valentine’s Day is about connection. For LGBTQ+ people, homeownership can be one of the most profound expressions of love—love for yourself, your partner, your family, and your future.
Whether you are a first-time gay home buyer, a same-sex couple relocating, or an LGBTQ+ seller moving forward, you deserve an experience rooted in dignity, fairness, and celebration.
For over three decades, GayRealEstate.com has stood as the leading source for LGBTQ+ real estate, gay real estate, lesbian real estate, and LGBTQ+ home buying and selling representation. Their nationwide network of gay real estate agents, lesbian-friendly real estate agents, and LGBTQ+ friendly realtors ensures that your real estate journey is guided by professionals who understand your heart—and your home.
This Valentine’s Day, let your next chapter be written in a place where you can truly belong. Because when love leads the way, home is never far behind.
Scott Helms is president and owner of Gayrealestate.com.
Dear Michael,
I keep getting rejected on the apps. I don’t want to put myself out there anymore.
I don’t understand gay men. I think they behave really badly.
Guys stop replying in the middle of a text conversation and then un-match me. Guys don’t show up when we make a plan to meet. After a date or even a hookup that it seems clear we both enjoyed, I never hear from the guy again.
I am a pretty good looking and successful guy. I’m not a model or a billionaire but I’m sincerely wanting to date and eventually share a life with someone.
Unfortunately, everyone I am meeting, even if they say they have similar aspirations for a partner, acts like they’re looking over my shoulder for something better, and drops me for I-don’t-know-what reason.
I don’t have a lot of trust in the sincerity of gay men.
I know I sound bitter but I’ve been at this for a while and it keeps happening.
I know there’s a saying that if it keeps happening to you, you must be the problem. Logically that makes sense.
Except, I think this keeps happening so often and so predictably that it’s not me. These people hardly know me. It’s more along the lines of, if everything about me isn’t exactly what they want, or some little thing that I say, think, or do offends them, they vanish.
I’m lonely, but what’s out there is awful. Maybe it’s best to not keep trying.
If you have a different way of seeing it that’s honest, not just some fluff to make me feel better and be hopeful, please enlighten me.
Michael replies:
I agree with you, there is a lot of this kind of behavior out there. I hear stories similar to yours all the time. Though people do find great relationships online, relying on apps to meet a partner can be tricky.
Hookup apps have little to do with any kind of real connection. Often, they don’t even have much to do with sex. For a lot of people, they’re more about trying to fill up some kind of emptiness and seeking validation. They also, obviously, objectify men, which is the opposite experience of what you’re seeking.
And dating apps lend themselves to a sort of takeout menu concept of dating. You get to specify exactly what you’re looking for—a little of this, a lot of that, please omit something else—and then believe you should get what you ordered. As if that really exists. And when something isn’t just what you wanted, forget it.
But life doesn’t work that way. Nor do people: You can enter the exact criteria for the man of your dreams, but he will surprise you or let you down at times in some major ways. That’s how it goes. Part of being in a relationship is accepting that we all have to deal with imperfection.
All that said, hordes of people are going to keep using all sorts of apps and keep looking for “perfect” partners and keep ditching perfectly fine guys for the most minuscule of reasons.
But that doesn’t mean that you have to stay on the apps if it’s demoralizing you and leaving you hopeless.
Before you sign off, perhaps you would like to have some fun and be creative. Just for example, you could write in your profile that you’re interested in meeting a guy who isn’t looking for perfection and is looking for a decent soul rather than a set of stats. You still might encounter a lot of guys who ghost you for no apparent reason, but you also might have some luck finding a sincere someone with relationship goals that are similar to yours.
Another, complimentary strategy: Toughen up your attitude to stop letting let these rejections get under your skin. They have little to do with who you are (unless you are oblivious to some major issue about yourself), so you needn’t take them personally. In other words, expect this to keep happening; and when it does, laugh and keep moving forward.
I understand you are feeling like giving up on gay men in general. Keep in mind that while there are a lot of reasons why many gay men focus more on sex and less on commitment, that isn’t true across the board. In my work over the years, I have met many gay men who are looking for what you’re seeking. You could strive to be hopeful that if you keep looking, you are likely to cross paths with some of them.
And where you look may play a role.
Whether or not you stay on the apps, I suggest you seek additional ways to meet a potential boyfriend. Before apps existed, people did find other ways to meet romantic partners, and these ways do still exist. I know that this path is not an easy one. The whole dating endeavor isn’t easy. But difficult is not impossible.
There are social and activity groups for gay men that are organized around some sort of shared interest. They aren’t overtly sexual, so often attract people who are interested in and looking for a deeper connection. Even if you don’t meet a boyfriend there, you might make some like-minded friends, and one thing may lead to another in all sorts of ways.
There’s also plenty you can do as a human being (not simply as a gay man) in the offline world that might interest and even uplift you, where you just might meet a man you like. Again, you might also simply make some friends, and through having a bigger social life, might ultimately meet your guy.
Simply put: Don’t let yourself feel like or be a victim. Don’t keep putting yourself in miserable situations. And figure out what it means for you to do your best to make what you’d like to happen, happen.
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 at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].
Real Estate
New year, new housing landscape for D.C. landlords
Several developments expected to influence how rental housing operates
As 2026 begins, Washington, D.C.’s rental housing landscape continues to evolve in ways that matter to small landlords, tenants, and the communities they serve. At the center of many of these conversations is the Small Multifamily & Rental Owners Association (SMOA), a D.C.–based organization that advocates for small property owners and the preservation of the city’s naturally occurring affordable housing.
At their December “DC Housing Policy Summit,” city officials, housing researchers, lenders, attorneys, and housing providers gathered to discuss the policies and proposals shaping the future of rental housing in the District. The topics ranged from recent legislative changes to emerging ballot initiatives and understanding how today’s policy decisions will affect housing stability tomorrow.
Why Housing Policy Matters in 2026
If you are a landlord or a tenant, several developments now underway in D.C., are expected to influence how rental housing operates in the years ahead.
One of the most significant developments is the Rebalancing Expectations for Neighbors, Tenants and Landlords (RENTAL) Act of 2025, a sweeping piece of legislation passed last fall and effective December 31, 2025, which updates a range of housing laws. This broad housing reform law will modernize housing regulations and address long-standing court backlogs, and in a practical manner, assist landlords with shortened notice and filing requirements for lawsuits. The Act introduces changes to eviction procedures, adjusts pre-filing notice timelines, and modifies certain tenant protections under previous legislation, the Tenant Opportunity to Purchase Act.
At the same time, the District has expanded its Rent Registry, to have a better overview of licensed rental units in the city with updated technology that tracks rental units subject to and exempt from rent control and other related housing information. Designed to improve transparency and enforcement, Rent Registry makes it easier for all parties to verify rent control status and compliance.
Looking ahead to the 2026 election cycle, a proposed ballot initiative for a two-year rent freeze is generating significant conversation. If it qualifies for the ballot and is approved by voters, the measure would pause rent increases across the District for two years. While still in the proposal phase, it reflects the broader focus on tenant affordability that continues to shape housing policy debates.
What This Means for Rental Owners
Taken together, these changes underscore how closely policy and day-to-day operations are connected for small landlords. Staying informed about notice requirements, registration obligations, and evolving regulations isn’t just a legal necessity. It’s a key part of maintaining stable, compliant rental properties.
With discussions underway about rent stabilization, voucher policies, and potential rent freezes, long-term revenue projections will be influenced by regulatory shifts just as much as market conditions alone. Financial and strategic planning becomes even more important to protect your interests.
Preparing for the Changes
As the owner of a property management company here in the District, I’ve spent much of the past year thinking about how these changes translate from legislation into real-world operations.
The first priority has been updating our eviction and compliance workflows to align with the RENTAL Act of 2025. That means revising how delinquent rent cases are handled, adjusting notice procedures, and helping owners understand how revised timelines and court processes may affect the cost, timing, and strategy behind enforcement decisions.
Just as important, we’re shifting toward earlier, more proactive communication around compliance and regulatory risk. Rather than reacting after policies take effect, we’re working to flag potential exposure in advance, so owners can make informed decisions before small issues become costly problems.
A Bigger Picture for 2026
Housing policy in Washington, D.C., has always reflected the city’s values from protecting tenants to preserving affordability in rapidly changing neighborhoods. As those policies continue to evolve, the challenge will be finding the right balance between stability for renters and sustainability for the small property owners who provide much of the city’s housing.
The conversations happening now at policy summits, in Council chambers, and across neighborhood communities will shape how rental housing is regulated. For landlords, tenants, and legislators alike, 2026 represents an opportunity to engage thoughtfully, to ask hard questions, and to create a future where compliance, fairness, and long-term stability go hand-in-hand.
European Parliament resolution backs ‘full recognition of trans women as women’
Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement
Home is where the heart is
‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore
Magic is happening for Round House’s out stage manager
McPike wins special election for Va. House of Delegates
Shooter who killed 7 people inside Canada school was transgender
Just when you think Trump can’t sink any lower, he does
Russia’s anti-LGBTQ crackdown takes absurd turn
