An elderly woman has scored a landmark court victory, forcing her neighbor to stop smoking weed in his own home.
Josefa Ippolito–Shepherd, 76, of Washington, DC, said the smell—described as “feces” or “skunk”—coming from her 73-year-old next-door neighbor Thomas Cackett’s doorway made her dread returning home.
She even recalled once vomiting when Cackett, who lives on the ground floor of the adjoining home, lit up.
Josefa Ippolito-Shepherd argued in court that marijuana smoke from her neighbor outside her DC duplex was ruining her quality of life — so she took legal action.
“I was not interested in money — I was interested in getting fresh air in my home,” Ippolito-Shepherd told the Washington Post.
After five years representing herself, she finally won her case in the DC Court of Appeals. A lower-court judge had already ruled in her favor in 2023, but her neighbor, Thomas Cackett, appealed.
The higher court upheld the ruling, siding with Ippolito-Shepherd, stating that her “use and enjoyment of her own property” outweighed Cackett’s “use and enjoyment of his marijuana.”
Cackett had argued that he smoked only once a day for no longer than five minutes to cope with multiple health issues, including skin cancer, chronic hepatitis, arthritis, and sciatica.
“I am not Snoop Dogg,” Cackett told the court, defending his habit.
The plaintiff even started a GoFundMe to help cover her legal fees.
However, the court panel expressed doubt that Cackett truly smoked for only a few minutes each day.
As a result, he has now been banned from smoking within 25 feet of Ippolito-Shepherd’s home — even on his own property. Any violation could lead to civil or criminal penalties.
Marijuana has been legal in DC since 2015, but this case sets a new precedent locally and could influence similar disputes across the United States.
