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WASHINGTON (WJLA) – Under Washington D.C.’s new law, anyone can smoke marijuana inside their home.
Well, almost anyone.
A temporary decision by a Superior Court judge means one man in the district can’t smoke anything in his home, including pot and cigarettes.
Edwin Gray says he turns to a cigarette to relax.
Now, he has to go outside if he wants to light up.
A temporary order of the court means he can’t smoke inside a home that has been owned by his family for 50 years.
“We were floored,” said Mozella Johnson, Gray’s sister.
Johnson says she was shocked that a lawsuit filed by neighbors who moved in last year could now dictate what the family can do inside its home.
Court records show that the couple who moved in next door claim they’re being harmed by smoke they say leaks into their home through a hole in the basement.
“I think it’s an excellent precedent to start, so people can realize you can’t just ignore your neighbor,” said Benny Kass, a real estate attorney and Washington Post columnist. “Your home is no longer your castle.”
In response to the suit, a judge ruled that the family cannot smoke cigarettes, cigars or marijuana inside the home.
“I think this is going to open the door to a lot of thinking, a lot of cases,” Kass said. “I gotta believe once this comes out, there’s going to be 100 cases filed in Superior Court tomorrow.”
In addition to the injunction, their lawsuit asks for $500,000 in damages.