Josefa Ippolito-Shepherd tried cleansing, pleading and suing, however she stated the assault on her dwelling of 30 years was unrelenting. Typically she felt as if she couldn’t breathe, couldn’t sleep, couldn’t dwell out her retirement in her manicured Cleveland Park colonial.
Washington
Marijuana smell raises legal questions — and squabbles between neighbors
Earlier than the legalization of marijuana, Ippolito-Shepherd may have referred to as 911 and police would have criminally charged her neighbor; however now officers advised her nothing may very well be completed. She wrote to D.C. Council chair Phil Mendelson, who stated the one solution to rectify her downside can be to undo the legalization of marijuana.
So she took the dispute to courtroom, claiming the scent is a public nuisance, and the trial, which started this week, is the primary of its type to make it this far within the District courtroom.
Marijuana is now permitted in most states in some kind, and that has introduced complaints of the scent and doable secondhand-smoke publicity from neighbors of marijuana farms, dispensaries and people who smoke. The debates surfacing across the nation have led to new restrictions on the place individuals can smoke in addition to lawsuits over the nuisance.
The divide over the scent of marijuana is sharp, with one camp of nonsmokers decrying the odor as noxious and probably detrimental, whereas people who smoke contend that such complaints have impeded their capability to freely partake within the drug — for medicinal or private causes — inside the comforts of their very own houses. The detrimental results of secondhand marijuana smoke stay shrouded in uncertainty because of federal laws on analysis — a comparatively new frontier after many years of rivalry over tobacco smoke.
“I’ve the appropriate to breathe contemporary air in my dwelling,” Ippolito-Shepherd advised The Washington Publish earlier than the trial. “I’m not speaking about if I’m going to another person’s home or a spot individuals go to smoke pot. They’ve the liberty to do no matter. I simply don’t wish to be invaded in my own residence.”
General, native governments should not passing main reform on this entrance. The Nationwide League of Cities and the Nationwide Affiliation of Counties advised The Publish they don’t seem to be monitoring coverage modifications associated to marijuana scent. However the signature scent of marijuana — as soon as utilized by police to supply possible trigger to look houses, automobiles and other people — is now an more and more ubiquitous olfactory expertise in cities the place smoking is commonest.
California cities have begun to significantly ponder the prospect of outlawing smoking inside the confines of flats and residential buildings, a growth led to by the anti-smoking motion, stated Dale Gieringer, who leads the California chapter of a pro-decriminalization advocacy group, the Nationwide Group for the Reform of Marijuana Legal guidelines. San Francisco had thought-about a proposal that will ban smoking tobacco and marijuana in flats because of the secondhand smoke however narrowed the restriction after hashish activists argued customers already couldn’t smoke in public locations.
Gieringer argues such restrictions are “draconian” as a result of they restrict the place medical marijuana sufferers can smoke.
“If you’re a medical marijuana consumer — and now we have lots of of hundreds of them, truly — you possibly can’t smoke outdoors your own home and in public,” he stated, “and now with these no-smoking ordinances, you possibly can’t smoke in your condominium both. So we’ve been combating these ordinances.”
Gieringer, one of many authors of the California regulation that made medical marijuana authorized, stated regardless of the success in cities resembling San Francisco that didn’t finally ban marijuana smoking, “it’s an ongoing challenge” as individuals who don’t just like the distinctive scent complain. He stated the odor mustn’t dissuade its legalization, pointing to the choice types of consuming marijuana that don’t trigger as a lot of a scent, resembling consuming edibles and vaping oils.
Secondhand marijuana smoke incorporates lots of the similar cancer-causing toxins as secondhand tobacco smoke, stated Brooke Hoots, a Facilities for Illness Management and Prevention epidemiologist. The substance inside marijuana that causes a excessive — tetrahydrocannabinol, or THC — might be handed by means of younger kids from secondhand smoke, based on the CDC. Researchers in New York Metropolis discovered about one-third of fogeys surveyed reported marijuana smells of their dwelling whereas their youngster was there, based on an Tutorial Pediatrics article revealed in January 2021.
Hoots, the staff chief of the Hashish Technique Unit on the CDC, stated researchers don’t totally perceive the long-term well being penalties because of the federal authorities classifying marijuana as a Schedule I drug.
“It’s very tough to do hashish analysis,” Hoots stated. “It’s tough to acquire merchandise, to do analysis and truthfully soar by means of a whole lot of the regulatory necessities to qualify to do hashish analysis.”
President Biden in October urged his administration to expedite a evaluation of the schedule of marijuana when he introduced he would provide pardons to anybody convicted of a federal crime for merely possessing the drug, probably the most drastic reform to federal marijuana coverage in additional than a half-century.
Regardless of the federal authorized standing of marijuana, a swell of states have pivoted of their stance on the drug, decriminalizing and legalizing it after many years of police disproportionately charging Black and Brown individuals with possession. It has additionally develop into extra mainstream: Marijuana use is at a file excessive amongst younger adults in the USA, based on the Nationwide Institutes of Well being.
However with the newfound acceptance of marijuana and its growing availability comes questions on how society will reform, from new protections for workers who fail drug assessments to evolving conversations mother and father have with their children. Extra People are smoking marijuana than cigarettes, based on a current Gallup ballot, as authorized battles over tobacco have waned.
Within the first case over secondhand tobacco smoke in 1976, New Jersey’s superior courtroom sided with an workplace employee who sued her firm for permitting co-workers to smoke cigarettes at their desks. Since that case, lots of of lawsuits have adopted over the well being threats of publicity to secondhand smoke, establishing a decades-long file of legal responsibility when smoke drifts into individuals’s houses. However the matter of marijuana smoke is much less established.
The stench might be disconcerting, particularly for many who are unaccustomed to it or dislike it.
Meredith Kinner, an lawyer who represents members of the hashish business in D.C., stated zoning is one thing potential hashish companies take into accout when they give thought to location, particularly if their store would possibly invite individuals to hold round outdoors smoking.
“You don’t wish to be in a residential neighborhood,” Kinner stated. “As a result of odor and nuisance complaints are a priority.”
After legalization went into impact in 2015, D.C. was fast to undertake a extra informal angle towards marijuana and the distinctive waft that accompanied it. A Washington Publish ballot performed that yr discovered that 57 % of District residents stated they smelled marijuana at the least as soon as a month.
Of these residents, 45 % stated the scent didn’t trouble them in any respect; fewer than 4 in 10 respondents stated the scent bothered them at the least to a level.
Unwelcome aromas should not unusual in densely populated cities resembling D.C. In line with the D.C. Workplace of Unified Communications, which processes odor and air high quality complaints, there have been 202 odor complaints entered into town’s 311 system in 2022, although the info doesn’t embody marijuana scent complaints.
As extra states give marijuana the inexperienced mild, extra litigation from squabbles over scent will probably come up.
Ippolito-Shepherd, who’s representing herself, stated she just isn’t in search of the illegalization of marijuana however slightly a restriction on smoking in multiunit buildings. She stated she’s going to by no means transfer and has resolved to take her case as far up the judicial chain as she should till she prevails. The proprietor of the adjoining dwelling, Angella Farserotu, and Thomas Cackett, who rents a ground-level, accent condominium, have argued in courtroom that they don’t have any obligation for Ippolito-Shepherd’s illnesses.
Farserotu confirmed she was as soon as good associates with Ippolito-Shepherd however declined to remark additional apart from that she “felt sorry for her.” Cackett didn’t reply to a number of requests for remark from The Publish.
In the meantime, Ippolito-Shepherd is satisfied that traces of marijuana are throughout her home: within the fibers of her eggshell-colored mid-century couches, her quite a few Oriental rugs, the embroidered pillow Farserotu as soon as gifted her that exclaims “Snowflakes, Friendship, And Winter Cheer!”
In a wood-paneled courtroom in early January, the trial over the contentious challenge of the scent has devolved right into a protracted and fiery dispute. The neighbors have engaged in heated verbal exchanges, talking over one another and accusing one another mendacity. The decide has needed to intervene repeatedly, imploring everybody to uphold the decorum of the courtroom.
“I perceive feelings are excessive,” she stated.
Karina Elwood contributed to this report.
CHARLESTON, W.Va. — A Capital team short on experience and playing for the first time since New Year’s Eve faced quite a challenge Thursday night as it welcomed one of the state’s most polished teams in nearby rival George Washington.
The Patriots showed no sign of letting a nearby rival hang around and continued their stellar start to the season by never trailing in a resounding 68-41 victory.
“Shooting takes pressure off how we have to defend, but our defense has been the key to everything we’ve done to this point,” veteran GW head coach Rick Greene said.
The result prolongs GW’s unbeaten start to the season through at least its first eight games.
This one was never in doubt as the Patriots’ combination of efficient offense and lockdown defense left the Cougars playing catch-up throughout.
GW’s Chuck Kelley accounted for the game’s first two field goals and scored his team’s first six points, before Gale Lamb got in on the action and went on a personal 7-0 run that upped the Patriot lead to 14-4.
David Robinson, who led Capital with 17 points, scored five in the opening frame to keep his team within striking distance as it faced a 14-7 deficit entering the second.
After Capital’s Grant Barclay provided a bucket to start the second quarter, it was all GW the remainder of the opening half.
Lamb hit a pair of three-pointers around a Kelley transition layup, forcing the Cougars to call timeout 5:05 before halftime as they trailed 22-9.
At that point, Lamb was 5 for 5 with 14 points.
“He didn’t take a shot he couldn’t hit,” Greene said. “He is a really good shooter and he’s shooting with a lot of confidence. The kids want him to shoot the ball, so if you’re a shooter and you know your teammates want you to shoot it, it gives you that little bit of freedom and relaxation.”
Out of the break in the action, GW’s Noah Lewis scored inside twice, with teammate Sai’Vyon Brown knocking down a three in between. It was 29-9 at that point, and Kelley accounted for the final points of the half on a follow-up basket to send the visitors to the locker room with a commanding 33-11 advantage.
While Lamb and Kelley were both 5 for 5 with 24 combined points through two quarters, the Cougars were shooting 5 for 16 and being out-rebounded, 15-5.
“The guys coming off the bench are trying to match the defensive intensity of the first five, and that’s making us really good,” Greene said.
Kelley picked up where he left off to start the second half, scoring five points over the first 1:03.
Capital (2-4) upped the pace itself and Trevaun Tyson was the main beneficiary, scoring all nine of his points in the third quarter.
The Cougars doubled the first-half field goal total in the third period alone, making 10-of-15 shots to keep pace with the Patriots for that 8-minute stretch.
“It was a nice conversation at halftime,” Capital head coach Cookie Miller said. “We got them going a little bit and we have to come out like that at the beginning. It was a rough 18 days, but that’s not excuse. We had great practices for us to give that showing, but at the end of the day, hats off to them for knowing their plays and getting into things. They’ve been together for a long time.”
Unfortunately for Miller’s team, Lamb maintained his efficient play and scored nine points in the frame to spark GW’s 22-point quarter.
That allowed the Patriots to lead 55-32 entering the fourth, and they cruised from there.
GW made 25-of-44 shots to shoot better than 56 percent. Lamb led all players with 24 points and made 7-of-8 shots. Kelley was also 7 for 8 and scored 15.
Noah Lewis chipped in with seven points and a game-high 10 rebounds, while Jeff Harris added five points and eight boards. That duo was instrumental in allowing GW to finish with a convincing 36-16 rebounding edge.
Tyson had half of his team’s boards.
The Cougars made 18-of-45 shots, but only one three-pointer to the Patriots’ five.
“Those guys have been together for a long time. Kudos to them,” Miller said. “Greene has them moving and doing what they’re supposed to doing. We’re trying to get on their level and soon we will be on their level.”
Washington
Lawmakers again trying to lower legal alcohol limit for drivers in Washington • Washington State Standard
A measure to lower the legal limit for drunk driving in Washington cleared its first legislative hurdle Thursday.
If passed, Washington would join Utah as the only state with a 0.05% blood alcohol concentration limit. Other states have considered similar legislation, but haven’t passed it.
Utah made the move in 2018. The state was also the first to lower the limit from 0.1% to 0.08% in the 1980s.
After the switch from 0.08% to 0.05%, Utah saw a 20% drop in fatal crashes, but that figure crept back up during the COVID-19 pandemic, in line with national trends.
The bill in Washington is sponsored by Sen. John Lovick, D-Mill Creek. Lovick was a longtime Washington State Patrol trooper before serving as Snohomish County sheriff.
“I see driving behavior beyond anything I could have imagined when I started as a state trooper,” Lovick told the Senate Law & Justice Committee this week. “Drivers are speeding, following too close, passing on the shoulders, running red lights, driving aggressively. Drunk drivers have made our communities unsafe.”
Opponents argue the legislation, Senate Bill 5067, would elevate the liability risk for bars and other establishments that sell alcohol.
Traffic deaths have risen rapidly in recent years, from 538 in 2019 to 809 in 2023, according to the Washington Traffic Safety Commission. The 2023 figure was the most deaths on Washington roads since 1990.
Of those 809 deaths, impaired drivers were involved in about half.
Compared to those driving sober, drivers with a blood alcohol concentration over 0.05% are twice as likely to crash, said Mark McKechnie, the director of external relations for the traffic safety commission. When that rises to 0.07%, the risk triples.
Early estimates for the first half of 2024 showed a marked decline in deaths on Washington roads, according to the National Highway Traffic Safety Administration.
The lower legal limit would take effect July 1, 2026.
As part of the legislation, the Washington Traffic Safety Commission would run a campaign to inform the public of the new legal limit. The Washington State Institute for Public Policy would have to evaluate the impacts of the new law in a report submitted to the Legislature.
By way of background
Lovick and others have tried repeatedly in recent years to lower the legal limit. The measure has never reached the Senate floor.
Last year, one of the proposal’s chief backers, Sen. Marko Liias, D-Edmonds, expressed frustration after the Senate passed over his drunk driving bill and instead took up legislation to solidify “The Evergreen State” as Washington’s official nickname.
Experts have said consuming a beer or a glass of wine with dinner wouldn’t land drivers above the lowered legal limit.
Two hours after his first drink, a 180-pound man would reach 0.05% after drinking three beers or three glasses of wine. The same is true after two hours for a 140-pound woman, after two beers or glasses of wine.
Worldwide, more than 100 countries have legal limits of 0.05% or lower.
The concerns
As in years past, hospitality industry groups oppose the legislation. They have argued the proposal could hurt bars and other establishments that rely on alcohol sales to stay afloat.
Julia Gorton, a lobbyist for the Washington Hospitality Association, noted it’s already illegal to drive with a 0.05% blood alcohol concentration if officers see clear signs of impairment.
This legislation “will impact those who decide to stop drinking before they are impaired,” she said. “These are individuals choosing to behave responsibly, who will now be subject to the strongest and strictest DUI penalties in the country.”
The Washington Wine Institute’s Executive Director Josh McDonald said it would be hard for servers to identify impairment at the lower legal limit so they could cut off service.
Jason Lantz, of the Washington Association of Criminal Defense Lawyers, noted Colorado and New York also have 0.05% limits, but violations at that level come with lower penalties.
He recommended a similar two-tier system, with the 0.05% limit considered “driving after consumption” instead of driving under the influence.
Amy Freedheim, the chair of the Felony Traffic Unit in the King County prosecutor’s office, tried to assuage concerns. She argued the lower limit wouldn’t lead to more arrests or lawsuits against bars held liable for crashes caused by impaired drivers.
On Thursday, Sen. Phil Fortunato, R-Auburn, offered an amendment to Lovick’s bill, lowering a blood alcohol concentration limit already in state law that brings stiffer penalties. The amendment would have dropped the limit from 0.15% to 0.12%.
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Penalties for first-time offenders at the higher threshold include a minimum $500 fine and at least two days in jail, 30 days of electronic home monitoring or a 120-day 24/7 sobriety program.
Below the 0.15% level, drunk driving penalties drop to a minimum fine of $350 and at least one day in jail, 15 days of electronic home monitoring or a 90-day sobriety program.
“Right now you go from .08 to .15. There’s nothing in the middle,” Fortunato said.
Sen. Manka Dhingra, D-Redmond, said she didn’t disagree with Fortunato’s change, but recognized the political reality for the proposal.
“I think it has been very challenging to get this bill out of the Senate with even the decrease to .05,” she said. “Let’s try to focus on getting the limit to .05, and then let’s continue working toward making sure that we are addressing the penalties.”
The committee approved Lovick’s proposal without Fortunato’s amendment.
The House version of the bill is set for a committee hearing Tuesday.
ASHBURN, Va. — Hope is a powerful thing, but belief is even stronger, and that’s what the Washington Commanders have plenty of after defeating the Tampa Bay Buccaneers 23-20 in the Wild Card Round.
That belief didn’t just show up in Florida, however, it has been growing ever since the Commanders first got together for OTAs and into rookie minicamp, and so on. Every step this team has taken, the belief it has in itself has grown.
Because of it, while most are going to predict Washington will lose to the Detroit Lions this weekend, the coaches and players believe in themselves. And they believe that if they have the ball last with a chance to win they’re going to, because that is exactly what defensive coordinator Joe Whitt Jr. believed last weekend – and it came true.
“We’re going to win,” is what Whitt says he felt after his defense stopped the Buccaneers’ last possession of the game. “This game here, so it was a second-and-one. We got the stop. And then third-and-one, they sort of bobbled it, we get the stop. Now, they punted to us, I think it was four minutes or something else. Alright, ‘We’re going to go down and win it,’ That’s winning time. We got the stop that we needed, the special teams secured the ball, and we went down there and kicked the field goal. So, that’s what complementary football was all about, playing as a team.”
Sunday night, the Commanders put together one of the cleanest performances they have had as a team in over a month. Penalties were low–though we’re sure the coaches would say any penalty is too many–mistakes weren’t critical, and like Whitt said, the football was complimentary.
Head coach Dan Quinn knows that’s exactly what his team will need again to keep their season going for at least one more weekend.
“Much like last game, I told you we’ll play our best complimentary game all year, offensively, defensively, and special teams,” said Quinn. “And Detroit in this game calls for that again. And so, we’re working hard on all those things from our field position stuff, our winning time moments, just all of it.”
Stick with CommanderGameday and the Locked On Commanders podcast for more FREE coverage of the Washington Commanders throughout the 2024 season.
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• After Playoff Win, Commanders QB Jayden Daniels Isn’t Satisfied
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