The lack of alignment between state and federal policy is one of the biggest challenges cannabis operators face. A business owner following their individual state regulations to a T may still struggle due to marijuana remaining illegal nationally. Some of the problems include lack of access to safe banking, marketing restrictions, and the inability to engage in interstate commerce.
Despite the discrepancy, the federal government has mostly taken a hands-off approach with regard to state-legal pot businesses. However, a recent court ruling in California has some legal operators anxious they could still be at risk.
The case in question centers on a Santa Barbara county property owner in Santa Barbara who challenged a conditional-use permit awarded to a neighbor who planned to cultivate cannabis. The property owner, referred to as JCCrandall LLC in court filings, objected to the grower transporting weed through an easement on her land. The easement is the only way in and out of the neighboring cannabis cultivation property.
JCCRandall took issue with a federally illegal substance crossing onto their property despite the fact that cannabis is legal in California. A county judge sided with the grower, but a challenge saw a decision in JCCRandall's favor.
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