Close Menu
  • Home
  • News
  • Lifestyle
  • Law
  • Business
  • Education

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Pennsylvania House Passes Cannabis Legalization Bill

May 8, 2025

Cannabis Company CEO Considering New Mexico Gubernatorial Bid

May 8, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025
Facebook X (Twitter) Instagram
Friday, May 9
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions
Facebook X (Twitter) Instagram LinkedIn VKontakte
Smoke Professional
  • Home
  • News

    More Than 1,000 Arrested in Sweep of U.K. Weed Grows

    July 8, 2023

    Scotland Calls On UK To End ‘Failed’ Drug War With Decriminalization And Harm Reduction Approach

    July 8, 2023

    Germany’s draft law for first phase of cannabis reform

    July 8, 2023

    High Times Cannabis Cup Illinois: People’s Choice Edition 2023 Kicks Off

    July 8, 2023

    Pennsylvania Committee Advances Expansion to State Medical Cannabis Program

    July 7, 2023
  • Lifestyle

    How Watching the News Can Trigger Anxiety and Panic Attacks

    October 28, 2024

    Record High Cannabis and Hallucinogen Use Among Adults

    October 27, 2024

    Weekend Sleep Catch-Up May Lower Heart Disease Risk by 20%

    October 27, 2024

    Energy Drinks Linked to Poor Sleep Quality and Insomnia

    October 26, 2024

    First Psychedelic Church for Magic Mushrooms

    October 26, 2024
  • Law

    Pennsylvania House Passes Cannabis Legalization Bill

    May 8, 2025

    Nebraska Lawmakers to Reconsider Bill to Implement Voter-Approved Medical Cannabis Law

    May 7, 2025

    Bill to Legalize Adult-Use Cannabis Filed in Pennsylvania

    May 6, 2025

    New Hampshire Senate Blocks Adult-Use Cannabis Legalization Bill

    May 2, 2025

    Cannabis Taxation: C Corp, S Corp, LLC, LLP, Partnership, Nonprofit, or Something Else for Your Cannabis Business?

    April 30, 2025
  • Business

    Cannabis Company CEO Considering New Mexico Gubernatorial Bid

    May 8, 2025

    U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

    May 8, 2025

    Minnesota Cannabis Licensing Lotteries Scheduled for June 5

    May 7, 2025

    Ohio Senate Passes Bill Imposing New Regulations on Intoxicating Hemp Products  

    May 6, 2025

    Tax Hikes Coming to California Cannabis Industry

    May 5, 2025
  • Education

    CBD and the Aging Population—What Science Says Today

    March 12, 2025

    Wholesale Nootropic Skincare: Boost Your Product Line

    March 10, 2025

    Ideal for Your Business Needs

    March 8, 2025

    A Must-have For Every Smoke Shop

    March 3, 2025

    The Perfect Addition to Your Product Line

    March 1, 2025
Smoke Professional
You are at:Home»Law»California Appeals Court Rejects Marijuana Grow Permit, Citing Federal Illegality
Law

California Appeals Court Rejects Marijuana Grow Permit, Citing Federal Illegality

adminBy adminNovember 22, 2024No Comments5 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

In a landmark decision that highlights the tension between state and federal cannabis laws, a California appellate court ruled on October 29th that property owners can refuse to allow the transportation of cannabis across their land via easements, even when the cannabis operation is approved by local authorities.

The Second District Court of Appeal’s unanimous decision draws attention to private property rights in a context where cannabis remains federally illegal, but state law allows licensed cultivation, distribution and sale. Presiding Justice Albert Gilbert stated, “No matter how much California voters and the Legislature might try, cannabis cultivation and transportation are illegal in California as long as it remains illegal under federal law.” JCCrandall LLC v. County of Santa Barbara, Case No. B333201, 2024 WL 4599304, Oct. 29, 2024.

Unless the California Supreme Court grants review – which I would not rule out – the decision empowers private property owners to refuse to contract with cannabis businesses, and restricts local government from approving cannabis operations that implicate the property rights of neighbors who object.

The case at hand

The dispute centered around a cannabis cultivation operation in Santa Barbara County, where JCCrandall LLC challenged a conditional use permit granted by the County to its neighbor, Santa Rita Holdings Inc. The critical issue was that Santa Rita Holdings could only access its 2.5-acre cannabis farm via an unpaved road crossing JCCrandall’s property through a pre-existing easement. JCCrandall grows oats and barley.

JCCrandall’s primary concern? It raised a number of complaints with the Santa Barbara County Supervisors about truck traffic and night operations, which did not gain traction, but in the Court of Appeal JCCrandall focused on what it claimed was potential liability associated with having federally illegal substances transported across its property, even though County regulators found that the Santa Rita operation was fully compliant with state and local laws.

Key legal findings

The appellate court’s decision hinged on several crucial points:

  1. Property Rights: The court emphasized that “the right to exclude others is the essence of the right of property ownership” and classified it as a fundamental vested right.
  2. Federal Supremacy: The panel determined that allowing cannabis transportation across private property “defies the Supremacy Clause” of the U.S. Constitution.
  3. State vs. Federal Law: While cannabis might be legal under California law, the court ruled that federal law’s prohibition takes precedence in this context.

California cannabis industry implications

Legal experts suggest this ruling could have far-reaching consequences for California’s cannabis industry. Section 1550.5(b) of the California Civil Code makes contracts within California involving cannabis lawful and enforceable, and Santa Rita Holdings bet the ranch on that argument. But the Court of Appeal held that the statute could not compel a landowner to allow cannabis to travel across its property on a pre-existing easement. Licensed operators may find it harder to do business because neighbors who have property rights affected by a cannabis business can object, and, under the JCCrandall ruling, local government must yield to those objections.

An example might be a cannabis dispensary that depends on access to its parking lot via an easement or is located in a shopping center where other lessees have rights to object to tenants notwithstanding the approval of the landlord. In cultivation, many cannabis farms depend on vehicular access through easements because they are remote and do not always have direct access to public thoroughfares, or they depend on water sourced from other properties pursuant to agreements made by prior owners who grew traditional crops. These neighbors might not need to show any negative impact on their property, but can argue that they could be found complicit in federally illegal activities.

I think the most problematic language in the JCCrandall ruling is the following, which might draw the attention of the California Supreme Court and cause it to grant review: “For as long as an easement is enjoyed, its mode and manner of use shall remain substantially the same as it was at the time the easement was created. The County argues the easement was used for agricultural purposes. But there is a vast difference between legal and illegal agricultural purposes.” (Emphasis added.) If California has determined that cannabis cultivation is legal – as it has – and state courts routinely enforce contracts involving cannabis, it is a pretty bold step to declare the use of a lawful pre-existing easement illegal simply because the agricultural crop is cannabis and take away easement access from Santa Rita.

Looking ahead

This decision creates new challenges for cannabis businesses in California, and will result in more disputes among neighbors. While the Biden administration has shown signs of easing federal marijuana restrictions, this ruling demonstrates that the federal-state law conflict continues to create significant legal hurdles for the cannabis industry.

California court decisions also can be persuasive authority in other states, so we might see similar litigation (and decisions) elsewhere in the country where cannabis has been legalized.

The case serves as a reminder that despite California’s progressive stance on cannabis, federal prohibition continues to cast a long shadow over the industry’s operations and development. As the cannabis landscape continues to evolve, this ruling may prompt businesses to reassess their property arrangements and local governments will certainly have to reconsider their permitting processes to give more careful consideration to objections by neighbors who claim that their property rights are implicated by cannabis operations.

Note: This post was first Updated earlier this month on the Alger ADR Blog.

Source link

Appeals California Citing Court Federal Grow Illegality Marijuana Permit Rejects
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Previous ArticleNicotine Pouches: A Low-Risk, High-Return Product
Next Article Stocking Authentic Shilajit – A Trusted Health Supplement
admin
  • Website

Related Posts

Pennsylvania House Passes Cannabis Legalization Bill

May 8, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025

Nebraska Lawmakers to Reconsider Bill to Implement Voter-Approved Medical Cannabis Law

May 7, 2025

Comments are closed.

Our Picks

Pennsylvania House Passes Cannabis Legalization Bill

May 8, 2025

Cannabis Company CEO Considering New Mexico Gubernatorial Bid

May 8, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025

Minnesota Cannabis Licensing Lotteries Scheduled for June 5

May 7, 2025
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Don't Miss
Law

Pennsylvania House Passes Cannabis Legalization Bill

By adminMay 8, 20250

The Pennsylvania House of Representatives on Tuesday gave initial approval to an adult-use cannabis legalization…

Cannabis Company CEO Considering New Mexico Gubernatorial Bid

May 8, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025

Minnesota Cannabis Licensing Lotteries Scheduled for June 5

May 7, 2025

Subscribe to Updates

Get the latest creative news from Smoke Unlimited about Weed & CBD vaping.

From Our Partners
About Us
About Us

Get all the current news stories, latest trends and legislation regarding cannabidiol, products, usages and its benefits. So don’t miss out any buzz and stay tuned! We offer a minute to minute updates regarding Marijuana industry.

Facebook X (Twitter) Instagram Pinterest
Our Picks

Pennsylvania House Passes Cannabis Legalization Bill

May 8, 2025

Cannabis Company CEO Considering New Mexico Gubernatorial Bid

May 8, 2025

U.S. Supreme Court Declines to Hear Challenge to Medical Cannabis Advertising Ban

May 8, 2025
Sponsors
Copyright © 2025. SmokeProfessional
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions

Type above and press Enter to search. Press Esc to cancel.