Living
What does D.C.’s marijuana law mean for the community?
Local ordinances won’t protect businesses from federal prosecution
By JOHN J. MATTEO & LOGAN G. HAINE-ROBERTS
D.C. Code § 48-904.01 provides that persons over the age of 21 can possess relatively small amounts of marijuana for personal use, give some of that marijuana to others, and cultivate a few plants in their residence for personal use.
Washington, D.C., has legalized the recreational use of marijuana, allowing residents to smoke in their homes. Marijuana-smoking District residents may welcome this development, but their non-smoking neighbors and the residential communities where they live may have cause for concern. Non-smoking residents may have complaints about smoke entering their homes. Meanwhile, residential businesses catering to marijuana smoking residents may be concerned about their compliance with federal law.
While nearly half of the country has legalized marijuana use in some fashion, relatively few states have legalized recreational marijuana use. Among this small group of states, D.C.’s law is an anomaly. Unlike many of its counterparts, the District’s law does not allow the sale of marijuana. Instead, D.C. Code § 48-904.01 only provides that persons over the age of 21 can possess relatively small amounts of marijuana for personal use, give some of that marijuana to others, and cultivate a few plants in their residence for personal use. Moreover, smoking remains restricted to residences.
Longtime urban dwellers will recognize issues raised by a recent case as similar to past disagreements over cigarette smoke. Days after D.C.’s new law went into effect, a married couple filed a lawsuit in D.C. court alleging that their marijuana smoke wafting from the adjacent row house was harming their couple’s children. The judge hearing the case issued a temporary restraining order forbidding the neighbor from smoking anything in his home. The couple, both lawyers, has demanded $500,000 in damages in addition to the demand that the neighbor stop smoking.
In a past article for the Blade, we discussed the potential for conflicts such as these in the context of cigarette smoke, as well as their ramifications for condos and coop boards. Many of those steps apply to marijuana smoke as well. However, coops and condos may have more significant concerns with respect to marijuana smoke.
In short, the federal government still considers marijuana illegal. Marijuana is listed as a Schedule I controlled substance under the Controlled Substances Act. Schedule I controlled substances have a high potential for abuse, no accepted medical use, and no accepted protocol for medical use. In short, marijuana is among the most dangerous and least valued drugs according to the federal government. For reference, other Schedule I controlled substances include heroin, LSD and ecstasy.
The problem for coops and condo associations is that, while the District has legalized marijuana, the federal government has not. The law concerning conflicting state and federal law like this is fairly complicated, but federal courts have reached similar conclusions. Courts agree that businesses associated with marijuana use are subject to civil liability and possibly criminal prosecution by the federal government. Simply put, local laws legalizing marijuana will not protect businesses from contrary federal law.
The federal policy on marijuana implicates a number of laws applicable to coops, condo association, and even other businesses. For example, the Controlled Substances Act mentions real property owners and lenders specifically. The Act makes it illegal to knowingly lease or make available any place that is then used to produce or use a controlled substance. Therefore, landlords who are aware tenants residents are growing or using marijuana on the property may open themselves to criminal prosecution. As complaints arise between owners and renters, it may be harder for property owners and associations to ignore residents’ activities which are illegal under federal law.
The Comprehensive Drug Abuse Prevention Act raises additional legal concerns for property owners. This law allows the federal government to seize drugs and associated items, including money and real property. In the event a tenant arouses the suspicion of federal law enforcement, property owners and lenders may find their property or collateral forfeited under the law. Notably, a property owner or lender does not even need to know about the illegal activity before the federal government seizes the property. While these repercussions may seem extreme, they are not unforeseeable.
The Bank Secrecy Act may be significant for local banks even though it would be more directly applicable to marijuana-based businesses, which remain largely illegal in D.C. Generally, the Act obligates banks to assist the federal government in policing criminal activity by watching for suspicious activity in clients’ transactions and filing reports as necessary. Banks need some understanding of their clients’ money to file these reports. Naturally, lending or holding money banks know to be associated with marijuana may expose them to liability and prosecution under the Act. If a bank somehow became aware that a significant portion of its’ clients money was associated with marijuana, it would have additional responsibilities and concerns under this Act.
Federal agencies have tried to placate businesses concerned about compliance with these laws. The Department of Justice has issued two memos discussing legalized marijuana. The memos suggest that enforcement by federal authorities may be less vigorous in these states, but the memos also reiterate that marijuana is illegal and exposes users and businesses to prosecution. The Treasury has acted similarly to address banks concerns about making loans to marijuana based-businesses. Specifically, Treasury policy now requires banks to file an additional form under the Bank Secrecy Act to address these issues. However, despite these and other steps by federal agencies, the general consensus is that the federal government has done little to clarify the operation of local and federal laws and even less to address business concerns. Consequently, local coops, banks, and businesses now face the unenviable task of trying to remain compliant with federal law while their clients make use of D.C.’s new law.
If a cooperative apartment or condominium community is experiencing an increasing number of complaints regarding marijuana smells, smoke, or perhaps related criminal activity and if remediation efforts have been unsuccessful, the Board should consider a building-wide smoking ban, and perhaps a ban on odiferous plants. Smoking marijuana is legal under state law, but as has been seen in the case of the D.C. temporary-restraining order, it does not make it less of a nuisance. Owners and boards should begin preparing for these conflicts now by seeking legal advice early. Bear in mind also, that Congress has a significant level of control over District issues, but has not, as of yet, intervened directly on this. Consequently, the situation could change rapidly.
These are just a few of the potential issues that are on the horizon given D.C.’s new law. Others include the effect of the law on records and drug testing in the workplace. These and other issues are certain to find their way to the courts as potential plaintiffs use the law as a defense to adverse actions from their communities and employers.
This is part of a series of articles by Jackson & Campbell on legal issues of interest to the LBGT community. Jackson & Campbell is a full-service law firm based in Washington with offices in Maryland and Virginia. If you have any questions, contact John J. Matteo at 202-457-1600 or [email protected]. If you have any questions regarding our firm, contact Don Uttrich, who chairs our Diversity Committee, at 202-457-4266 or [email protected].
The contents of this article are intended for general informational purposes only and should not be considered legal advice.
Real Estate
2026: prices, pace, and winter weather
Lingering snow cover, sub-freezing temperatures have impacted area housing market
The D.C. metropolitan area’s housing market remains both pricey and complex. Buyers and sellers are navigating not only high costs and shifting buyer preferences, but also seasonal weather conditions that influence construction, inventory, showings, and marketing time.
Seasonality has long affected the housing market across the U.S. Activity typically peaks in spring and summer and dips in winter; however, January and February 2026 brought unusually cold spells to our area, with extended freezing conditions.
Persistent snow and ice-covered roads and sidewalks have gone for days, and in some cases weeks, before melting. While snow accumulation normally averages only a few inches this time of year, this winter saw below-normal temperatures and lingering snow cover that has significantly disrupted normal activity.
Rather than relying on neighborhood teenagers to shovel snow to make some extra money, the “snowcrete” has required ice picks, Bobcats, and snow removal professionals to clear streets and alleys, free our cars from their parking spaces, and restore availability of mass transit.
These winter conditions have had an adverse impact on the regional housing market in several ways.
- Construction slowdown: New builds and exterior improvements often pause during extended cold, resulting in delayed housing starts when we need affordable housing in the worst way.
- Listing preparation: Cleaning crews, sign installers, photographers, and stagers with trucks full of furniture may be unable to navigate roads and need to postpone service.
- Showings and open houses: Simply put, buyers are less inclined to schedule visits in hazardous conditions. Sellers must ensure walkways and parking areas are clear and de-iced and be able to vacate the property while viewings are taking place.
- Inspection and appraisal delays: Like buyers and sellers, ancillary professionals may be delayed by unfavorable weather, slowing timelines from contract to close.
- Maintenance and repairs: Properties with winter damage (e.g., ice dams or frozen pipes) may experience repair delays due to contractor availability and supply chain schedules. Snow and cold can also affect properties with older and more delicate systems adversely, leading some sellers to delay listing until better conditions arrive.
- Availability of labor: Increasingly, construction, landscaping, and domestic workers are reluctant to come into the District, not because of ice, but because of ICE.
Overall, the District has shown a notable increase in days on the market compared with past years. Homes that once sold in a week or less are now often listed for 30+ days before obtaining an offer, especially in the condominium and mid-range house segments. While part of this shift can be attributed to weather and climate, interest rates, uncertain employment, temporary furloughs, and general economic conditions play key roles.
Nonetheless, we continue to host some of the region’s most expensive residences. Historic estates, including a Georgetown mansion that sold for around $28 million, anchor the luxury segment and reflect ongoing demand for premium urban property.
But even in this high-end housing sector, marketing strategies are evolving based on seasonal realities. Price reductions on unique or niche properties, such as undersized or unconventional homes, reflect a broader market adjustment where competitive pricing can shorten selling time.
For example, a beautifully renovated, 4-story brick home with garage parking and multiple decks that overlook the Georgetown waterfront sold in early February for 90 percent of the list price after 50 days on the market.
At the other end of the spectrum, a 2-bedroom investor-special rowhouse in Anacostia only took eight days to sell for under $200,000, down 14 percent from its original list price. In addition, four D.C. homes took more than 250 days to sell, including an 8-bedroom rooming house that was on the market for 688 days and closed after a 23 percent downward price adjustment.
Some frustrated sellers are simply taking their homes off the market rather than dropping prices below their mortgage balances, although we are beginning to see the resurgence of short sales for those who must sell.
Condominiums and cooperatives offer many opportunities for buyers and investors, with 1,100 of them currently on the market in D.C. alone. List prices run the gamut from $55,000 for a studio along the Southwest Waterfront to nearly $5 million for five bedrooms, four full baths, and 4,400 square feet at the Watergate.
So, while Washington metro area prices remain high, the pace of sales now reflects both seasonal and economic realities. Homes taking longer to sell, in part caused by elements of winter, signal a shifting market where buyers can take more time to decide which home to choose and have a better negotiating posture than in recent years.
Accordingly, sellers must continue to price strategically, primp and polish their homes, and prepare for additional adverse circumstances by reviewing fluctuating market conditions with their REALTOR® of choice.
Valerie M. Blake is a licensed Associate Broker in DC, MD & VA with RLAH @properties. Call or text her at (202) 246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
Autos
Going for gold: Ford Bronco Sport vs. Toyota RAV4
SUV world has share of bright lights, bold entrances, cut-throat competitors
Let the games begin! Just like the Winter Olympics this month, the SUV world has its share of bright lights, bold entrances, and cut-throat competitors.
Enter the Ford Bronco Sport and Toyota RAV4, both ready to claim the podium but each with a different routine. Think hiking boots versus minimalist trainers. Dirt trails versus perfectly paved roadways.
FORD BRONCO SPORT
$34,000
MPG: 25 city/30 highway
0 to 60 mph: 8.2 seconds
Cargo space: 32.5 cu. ft.
PROS: Boxy chic. Off-road ready. Easy-clean interior.
CONS: Meh gas mileage. Firm ride. Outside noise.
The Bronco Sport doesn’t try to blend in — and that’s the point. With an upright stance, squared lines and retro-rugged styling, this compact SUV looks ready for a backcountry photoshoot before you’ve even left the driveway.
Power comes from a three-cylinder turbo engine that handles daily driving with ease. Opt for the four-cylinder turbo, and the personality shifts from relaxed to assertive. Passing power improves. Highway merges are confident rather than cautious.
The standard 4×4 system sets the tone immediately. Traction is constant. Confidence is built in. Add the G.O.A.T. drive trains (in Ford cute-speak, this means “Goes Over Any Terrain”), and the Bronco Sport adapts to mud, sand, snow and rocks like a decathlete moving between events. Higher trims add skid plates, upgraded suspension and special hardware that makes rough territory feel less intimidating.
On pavement, the Bronco Sport is stable and composed, though the firm suspension can be ass-busting over deep potholes and such. And wind noise at highway speeds is kinda annoying, a tradeoff for the boxy profile.
Inside, durability meets thoughtful design. Rubberized surfaces and easy-clean materials welcome muddy boots, sandy paws or ambitious weekend projects. The cargo area features a flip-up rear window and adjustable floor, making it a breeze to load gear. Storage cubbies and nylon straps keep equipment organized without fuss.
Safety and other tech amenities are modern and practical. Wireless smartphone integration, cameras and driver-assistance gizmos such as adaptive cruise control make daily driving and long trips easier to manage.
What truly sets this SUV apart? In a sea of aerodynamic lemmings, the Bronco Sport feels like a free spirit. Rugged. Confident. A little rebellious.
And, like alpine skier Breezy Johnson, it looks particularly good with a bit of trail dust.
TOYOTA RAV4
$34,000
MPG: 47 city/40 highway
0 to 60 mph: 7.1 seconds
Cargo space: 37.8 cu. ft.
PROS: Fuel savvy. Spacious. Tech-laden features.
CONS: Less-sporty ride. Blasé base trim. Pricey options.
If the Bronco Sport is the adventurous wanderer, the Toyota RAV4 is the precision athlete who arrives early, stretches properly and performs effortlessly. Cue figure skaters Amber Glenn or Paul Poirier and you get the picture.
Fully redesigned for 2026, this compact SUV retains a formula that has made it one of the best-selling vehicles in America, blending efficiency, versatility and lots of tech features.
Toyota nixed the traditional gas engine for the RAV4, but that’s just fine. All models are now either standard hybrids, with fuel economy in the mid-40 mpg range, or plug-in hybrids, which can go up to 50 miles on battery power alone. The result: Vehicles that can handle daily commutes in near silence while retaining long-distance flexibility that would make an Olympic coach proud.
Acceleration is smooth and responsive, particularly in the plug-in hybrid, which is surprisingly quick. The transition between electric and gas power is seamless, though heavy throttle inputs mean the engine sometimes sounds strained. Handling is more predictable than sporty, so this was a minor deduction on the RAV4’s scorecard … at least from me.
But overall comfort is outstanding. The suspension absorbs potholes and uneven pavement with ease, and cabin noise remains impressively low at highway speeds. Long road trips feel relaxed rather than fatiguing — less triathlon grind, more victory lap.
Toyota’s Safety Sense offers adaptive cruise control, lane-keeping assist, enhanced collision avoidance and other systems that operate smoothly without seeming intrusive.
Inside, the revamped cabin is user-friendly. Materials are more refined than before, especially in mid- and upper-level trims. A large, high-resolution touchscreen supports the latest apps, voice commands and over-the-air updates. Such a layout is intuitive instead of flashy — stylish athleisure rather than couture.
Passenger space is generous, and cargo capacity remains among the most practical in this segment. The wide opening is especially helpful when tossing in luggage, sports equipment or an overly optimistic warehouse haul.
For drivers like me who are quick to judge efficiency, reliability and daily usability, the RAV4 delivered a gold-medal performance.
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.
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