A California appeals court has ruled that property owners cannot be forced to allow cannabis transportation over an easement on their land, even if a local government has licensed the cannabis operation, with the judges noting that California’s state-level approval of cannabis does not supersede federal prohibitions.
A three-judge panel at California’s Second District Court of Appeal ruled unanimously on Oct. 29 that JCCrandall, LLC, which owns a half-mile easement serving a neighboring property in Santa Barbara County, is within its rights to object to cannabis being transported across its land.
Citing federal cannabis restrictions, the court ruled that JCCrandall’s objections override the county’s issuance of a conditional use permit to Santa Rita Holdings, Inc., which sought to cultivate cannabis on 2.5 acres accessible only by way of the easement….