California Judge Allows Filing of Class Action Lawsuit Against Cannabis Greenhouse Over Odor

A California Superior Court judge last week ruled that neighbors within a one-mile radius of a cannabis greenhouse operation in the Carpinteria Valley, can collectively seek damages for the “sewer-like” odor of cannabis wafting onto their properties, the Santa Barbara Independent reports. Judge Thomas Anderle’s ruling in favor of Santa Barbara Coalition for Responsible Cannabis will allow a class action lawsuit against greenhouse operator Valley Crest Farms to proceed.  

The ruling certifies the “class” or “community of interest” in the case as property owners within a one-mile radius of Valley Crest. To be eligible, they must have purchased their homes before January 19, 2016, and to claim damages, they must be able to show how the cannabis cultivation operation has affected their property values and the “enjoyment of their property.” 

In court documents outlined by the Independent, the property owners seek relief from what they describe as the “awful smells and noxious odors and chemicals that they are being assaulted with on a daily basis in their homes.” The plaintiffs allege that the cannabis odor has lowered their property values, driven away their tenants, reduced their business incomes, and interfered with “the quiet use and enjoyment of their property.” There may be as many as 100 homes within the 1-mile radius.  

The ruling marks the first time a judge in California has certified a class action suit related to cannabis odor. Robert Curtis, an attorney for the coalition, told the Independent that it represents a “landmark legal victory” that “will send shockwaves throughout” the state’s cannabis industry. 

Curtis said the plaintiffs primarily want the greenhouses to be equipped with carbon filtration systems, or “scrubbers,” an odor-control technology that has proven to get rid of odors before they can emit through the greenhouse roof.