California Appellate Court Holds that Cannabis is Illegal in California Because Federal Law Says So

by Omar Figueroa and Lauren Mendelsohn

October 29, 2024

On October 29, 2024, the California Court of Appeal for the Second Appellate District, Division 6 issued an astonishing opinion that could have widespread ramifications for the cannabis industry.  The appellate decision starts as follows:

Many Californians have high expectations that cannabis is legal in California. This is a reasonable assumption because Civil Code section 1550.5 says it is.

We regret to inform that cannabis is illegal in California because federal law says so.

Here we consider cannabis as it applies to easements.

The opinion’s holding that “cannabis is illegal in California because federal law says so” was used in that case to invalidate a Conditional Use Permit granted by the County of Santa Barbara.

According to Dale Gieringer of California NORML, this is “a dangerous ruling.”

Division 6 of the Second Appellate District is located in Ventura and handles appeals from Ventura, Santa Barbara, and San Luis Obispo Superior Courts.

The opinion can be read below and accessed here.

Opinion

 

 

This is not the first time that California courts have had to consider the issue of a conflict between California law and federal law with respect to cannabis.  For example, in County of San Diego v. San Diego NORML (2008) 165 Cal.App.4th 798, the Court of Appeal for the Fourth District considered a challenge to California’s medical marijuana identification card program.  The appellate court held that California’s identification card provisions were not preempted by the federal Controlled Substances Act.

Because different appellate districts have such different approaches to the issues of federal supremacy and preemption with respect to cannabis, there is an increased likelihood of such issues reaching the California Supreme Court in the future.