In a first of its kind decision, a D.C. judge has ruled in favor of a woman who has been forced to breathe secondhand marijuana smoke from her neighbor’s marijuana smoking drifting into her home. Just like the first smokefree lawsuits decades ago, this win paves the way for nonsmokers’ protection from breathing the hazards of secondhand smoke from marijuana use. Everyone deserves the right to a smokefree home.
During the court hearing, James Repace, long-time secondhand smoke researcher and smokefree advocate, presented expert testimony on how marijuana smoke can permeate the walls and vents of adjoining homes thereby emitting secondhand marijuana smoke in a nonsmoker’s home. “When you live in any multi-unit dwelling, the walls, floors, ceiling and even windows are porous,” said Repace, “Whether you’re smoking joints, or bongs, or pipes or whether you vape it, these instruments will produce much more fine particulate matter than will a Marlboro cigarette.”

It’s clear that this is a big public health win in support for indoor environments free from marijuana smoke. Nobody should have to breathe drifting secondhand smoke of any kind on the job, in multi-unit housing, or in other shared air spaces.


Marijuana Secondhand Smoke Research: Measuring indoor fine particle concentrations, emission rates, and decay rates from cannabis use in a residence

Advocating for Yourself

Marijuana Fact Sheet

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