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.
Electric-vehicle tax credits may have faded earlier this year, but EVs themselves are far from losing their spark. There are more charging stations than ever, battery ranges are longer and more realistic, and automakers have finally figured out that EVs don’t all need to look like geeky science projects or feel like failed beta tests.
Just look at these two compact electrics, which are futuristic, fun and flexible enough for work or play.
HYUNDAI IONIQ 5
$37,000 to $48,000
Range: 245 to 318 miles
0 to 60 mph: 4.5 to 7.4 seconds
Cargo space: 26.3 cu. ft.
PROS: Fast charging. Roomy cabin. Silky-smooth suspension.
CONS: Wide turning radius. Rear wiper not on all trims. Price creep.
After being introduced three years ago, what’s new for the latest Hyundai Ioniq 5? Mostly refinement. Charging is quicker, software is smarter and Hyundai continues to quietly listen to feedback, tweaking ride comfort and usability. Think of it as switching from messy eyeliner to a perfectly sharp wing.
Exterior styling remains one of this EV’s biggest conversation starters. Those pixel-inspired lights, crisp lines and slick hatchback-meets-crossover proportions exude refreshing confidence. There’s no trying to blend in, and that’s the point. Park this Hyundai anywhere and heads will turn.
On the road, the Ioniq 5 prioritizes calm over chaos. Steering is light, the suspension smooths out rough pavement and acceleration feels brisk without being aggressive. Safety tech is plentiful and well-calibrated—adaptive cruise control, lane-centering, blind-spot monitoring—all working together without seeming like a nervous backseat driver. IOW, this ride is supportive, not clingy.
Inside, the user-friendly cabin shines. The flat floor and long wheelbase create a lounge-like atmosphere, with excellent legroom and airy visibility. Seats are well-bolstered and available with eco-friendly materials, and the sliding center console adds flexibility. Cargo space is generous, and the wide windshield makes city driving stress-free. Alas, the rear wiper is only available on select models. Overall, though, I appreciated how everything looks modern without feeling cold.
What makes this Hyundai special is its vibe. An EV that embraces individuality without shouting about it.
Fun fact: The Ioniq’s ultra-fast charging can add hundreds of miles in under 20 minutes—perfect for those who hate waiting almost as much as they hate small talk on awkward first dates.
VOLKSWAGEN ID.4
$46,000 to $59,130
Range: 206 to 291 miles
0 to 60 mph: 4.4 to 7.7 seconds
Cargo space: 30.3 cu. ft.
PROS: Sure handling. Decent range. Good storage.
CONS: Body roll in curves. Fussy infotainment. No frunk.
The latest VW ID.4 focuses on polish. Software updates have fixed earlier frustrations, and overall drivability feels more cohesive. Less “learning curve” and more “hop in and go,” like a dependable bestie who doesn’t overthink things.
Styling-wise, this EV is intentionally inoffensive. Soft curves, friendly lighting and a familiar crossover shape make it approachable. While the ID.4 won’t turn heads like the Ioniq 5, that’s OK. It’s more akin to a classic outfit that always works—timeless, not trendy.
Driving the ID.4 is relaxed and predictable. This SUV prioritizes comfort over thrills, with a suspension tuned for daily commuting and long highway drives. Safety features are comprehensive and reassuring, including excellent lane assistance and collision-prevention systems. It’s the kind of car that quietly has your back, no drama required.
Inside, the ID.4 offers a calm, uncluttered cabin with good space for passengers and cargo alike. Rear-seat legroom is especially strong, making it a solid road-trip companion. The seats are plush, visibility is good and while the infotainment system isn’t the most intuitive, it’s improved enough to be more than tolerable.
The ID.4’s special sauce is balance. It doesn’t try to reinvent the wheel—it just electrifies it.
Fun fact: This is one of the most globally popular EVs, proving that sometimes being universally liked is a strength, not a personality flaw. Think, gold star gay who still surprises you.
Real Estate
Child- and pet-proofing your home for the holidays
It isn’t about being perfect but about being prepared
The holidays are meant to be joyful, cozy, and full of laughter — but if you have young children or pets, they can also feel a little chaotic. Twinkling lights, shiny decorations, guests coming and going, and tables full of tempting food can turn your home into a wonderland of curiosity and mischief. The good news? With a little thoughtful planning, you can keep the holiday magic alive while making your home safer for everyone who lives there.
There’s something oddly comforting about movies where animals go to war with holiday decorations, turning carefully strung lights and perfectly placed ornaments into chaos. Whether it’s a mischievous dog tangled in tinsel or a curious cat launching a full-scale assault on a Christmas tree, these scenes tap into a universal experience for pet owners.
The humor comes from the contrast: the human characters are trying to create warmth, tradition, and picture-perfect cheer, while the animals see the decorations as toys, obstacles, or personal enemies. The resulting destruction — trees tipping over, ornaments shattering, lights blinking out—feels exaggerated but relatable, especially during the already hectic holiday season.
Let’s start with decorations because they tend to be the biggest attraction. Ornaments sparkle, garlands dangle, and everything seems designed to be touched, pulled, or tasted. If you have little ones or pets, consider placing your most fragile ornaments higher on the tree and using shatterproof options on the lower branches. Tinsel and ribbon may look festive, but they can be dangerous if swallowed, so skipping them or keeping them well out of reach is a simple way to reduce risk without sacrificing style.
Holiday lights are another favorite fascination. Before hanging them, take a few minutes to inspect each strand for frayed wires or broken bulbs. Secure cords along walls or behind furniture so they’re harder to grab or chew and unplug them when you leave the house or head to bed. Not only does this help prevent accidents, but it also gives you one less thing to worry about during a busy season.
The Christmas tree itself can become a focal point for exploration. Make sure it’s sturdy and well-anchored so it doesn’t tip if a toddler tugs on a branch or a pet decides to investigate. If you use a real tree, cover the water base since tree water can contain additives that aren’t safe if consumed. For artificial trees, keep an eye out for loose pieces or needles that could become choking hazards.
Food is a big part of holiday celebrations, and it’s also one of the most common sources of trouble. Many traditional treats—like chocolate, grapes, raisins, alcohol, and foods containing xylitol—are dangerous for pets. Keep plates and serving dishes up high, secure the trash can, and gently remind guests not to slip pets or kids “just a little bite” without checking first. For children, be mindful of hard candies, nuts, and small treats that could pose choking risks.
Candles and fireplaces add warmth and charm, but they deserve extra caution. Flameless candles are a wonderful alternative if you want ambiance without worry. If you do use real candles, place them well out of reach and never leave them unattended. Fireplaces should always have a sturdy screen or gate, especially with crawling babies or curious pets nearby.
Holiday gatherings bring wonderful energy into your home, but they can also create new challenges. Doors opening frequently make it easier for pets to slip outside, so consider setting up a quiet, comfortable space where they can relax during busy get-togethers. This can help reduce stress for them and give you peace of mind. For children, stair gates, locked cabinets, and clear boundaries can help prevent accidents when there’s extra excitement in the air.
New toys and gifts are another thing to watch closely. Packaging, twist ties, plastic wrap, and especially button batteries should be cleaned up promptly. These items are easy to overlook in the excitement of gift-opening but can be dangerous if swallowed. Taking a few minutes to tidy up as you go can make a big difference.
Lastly, try to keep routines as steady as possible. The holidays naturally disrupt schedules, but familiar mealtimes, naps, walks, and bedtime rituals help children and pets feel secure. A calmer household often means fewer accidents and a happier experience for everyone.
At the end of the day, child- and pet-proofing your home for the holidays isn’t about being perfect but about being prepared. A few small adjustments can help you relax, enjoy your guests, and focus on what truly matters: creating warm, happy memories with the ones you love. When your home feels safe, the holidays feel even sweeter.
Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
Real Estate
In real estate, trust the process
With rates coming down, we could see spring surge in buyers
The average 30-year mortgage rate is falling, little by slowly. With predictions that the rate will continue to adjust downward in the next year or two, there may be a busier spring market than we have seen in the last few year, especially for the DMV market, which has been reeling from thousands of layoffs this past year. The frenzied activity resulting from interest rates close to 3% for some borrowers will probably not occur; however, this spring could add up to be a few notches busier than the last.
What does this mean for buyers and sellers? Lender Tina Del Casale with Waterstone Mortgage says she has seen “low to mid 6’s as the average for conventional loans.” If rates continue downward into the 5% range, there may be more activity than we saw in the last year or two. This could release a little bit of pent up demand.
Many buyers will have found that for whatever reason, their current home is not meeting their needs. Sellers may want to finally take the plunge and put a for sale sign in the yard and online, now that they might find a more reasonable rate on their next home. This winter can be an opportunity to assess financial situations, home conditions, and optimize one’s chances to have a sale with more agreeable terms, or put one’s best foot forward in an offer. In addition to checking with a lender or favorite handy person, let’s review what sellers and buyers typically spend their energy negotiating while enjoying the lovely process called “going under contract”:
- Timelines – Sellers might want to have their house solidly under contract (papers signed, thumbs up from the lenders, all inspection items decided upon and settled) so that they can put an offer down on a new home, and then negotiate that timeline with the other sellers. Remember, making a move is not only about the buyer taking possession of a new home, but also about the sellers figuring out their situation as well.
- Sale Price – unfortunately for buyers, in the eyes of most sellers, “money talks.” So, in a non-competitive situation, a seller might be happy to just get one offer at a price that was within the desired range. As soon as another interested buyer enters the equation, it can become a little bit like RuPaul’s Drag Race, and one will have to lip sync for one’s life, honey! And only one buyer will get to hear the words, “condragulations!”
- Tone/Vibes/Energy in the Room – Remember: Human beings are emotional creatures. All of us have feelings. And all of us want to put energy into situations where we feel appreciated, where a level of self-awareness exists, and a sense that each side is trying one’s hardest to act in good faith. The best transactions I saw were where a little grace was the “grease on the wheels” of the transaction. Occasionally, a buyer had cold feet and wanted to see the unit a few more times before the settlement date, or a seller forgot to scrub the bathroom with a little extra elbow grease before the settlement date. Life happens; misunderstandings can occur. A wise therapist once said: “You don’t have to like it, but can you allow it?” The tone of one or both parties in the transaction can be what seals the deal, or results in one party exiting the contract. (In the case of the dirty bathroom, the seller left a check with the title company for the buyer to pay a housekeeper to come clean what they couldn’t.)
Joseph Hudson is a referral agent with Metro Referrals. He can be reached at 703-587-0597 or [email protected].
Your guide to D.C.’s queer New Year’s Eve parties
Long-awaited ‘Pillion’ surpasses the sexy buzz
Trump’s ‘American people derangement syndrome’
Reasons to be optimistic about 2026
Using movement to boost your mental health during holidays
Reasons to be optimistic about 2026
America is going in the wrong direction for intersex children
Rush reopens after renewing suspended liquor license
Long-awaited ‘Pillion’ surpasses the sexy buzz
