Sad But True: How Our Supervisors Saved California’s Cannabis Industry

On January 3, and for 46 days thereafter, growing cannabis was illegal in the 25 California counties that had allowed it. But then, thanks to the efforts of Santa Barbara, the cannabis cultivation industry was rescued, permitting its powerful lobbyists, investors and growers to breathe a collective, and perhaps smoke filled, sigh of relief. Allow me to explain: 

Santa Barbara property owner JC Crandall objected to the county’s Conditional Use Permit that would have allowed her neighbor to cultivate 2.5 acres of cannabis and transport it over a long existing easement. Crandall asked the county to relent (like we really need a couple of more acres of cannabis) and when the county refused, Crandall sued. In a rehearing before the full Second District Court of Appeal, the county did what it does best – it lost. The decision was monumental, sending shock waves throughout the cannabis industry and reliant agencies/departments. Why? Because the decision made illegal all state/local permits and licenses. Oh, you could still smoke cannabis, you just couldn’t grow it or transport it.

The decision was published on January 3, 2025, and was as sweeping as it was clear: “We regret to inform that cannabis is illegal in California because federal law says so. No matter how much California voters and the Legislature might try, cannabis cultivation andtransportation are illegal in California as long as it remains illegal under federal law.” Yes. If left unchallenged, injunctions and lawsuits would likely have abounded and cannabis cultivation just might have been pummeled into submission. 

This left our county with a choice: Let the decision stand or use taxpayer time/dollars to appeal? While the vote was cloaked in closed session secrecy, three or more Supervisors (WHO?) voted to try and save cannabis by allowing the county to file an expansive 36-page Petition for Review with the CA Supreme Court on February 11. FUN FACT: Interested parties who joined with the county included the CA County Planning Directors Association – despite claims that P&D is not on the side of cannabis! Anyway, while the Court did not grant a full hearing, on Thursday, March 20, they de-published Crandall. This means that – while complainant JC Crandall still prevailed – the decision can no longer be used as precedent. Thank you, SB County, for rescuing our nuisance-defining, fiefdom building, and deeply unprofitable cannabis cultivation program – on our nickel. Why?

I wish I could blame Planning & Development – whose cannabis-friendly scheme and wholly broken Odor Complaint process are still part of our Ordinance (No, “Scrubbers” are not a holistic magic bullet) – but I can’t. I wish I could blame County Counsel whose legal advice and use of international mega-firms are often questionable, but I can’t. Instead, the decision to protect 50 private growers and a program that generates $5.5M in annual tax revenues against $9M in costs falls squarely on three or more Supervisors whose votes are shrouded in secrecy. And with three of our five Supes leading the way on Odor Control, I would just love to know – I’m curious that way – who broke “for” cannabis and allowed the appeal to move forward. The Supes could have been bold, they could have joined the 33 other counties that don’t allow commercial cultivation, they could have embraced a bit of chaos and spoken truth to special interest power – just like JC Crandall did. But in the end, they surrendered. Disappointing and baffling, all at the same time.  

Jeff Giordano, SB County Resident