Humboldt County property owners affected by the cannabis abatement program over the past seven years received favorable news as the Ninth Circuit Court of Appeals ruled largely in their favor.
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The decision also established a legal precedent protecting residents in the Ninth Circuit, including states like California, Nevada, and Oregon, from excessive government fines under the Eighth Amendment.
The case, Thomas v. County of Humboldt, challenges the constitutionality of Humboldt County’s 2017 cannabis abatement program. Filed in 2022 by the Institute for Justice, the lawsuit has been working its way through the courts and now moves forward after the appellate ruling.
The abatement program was implemented following cannabis legalization, using satellite imagery to enforce violations related to unpermitted cultivation, grading, and structures. About 1,200 notices, often threatening fines in the millions, were posted across rural properties. Some new owners were penalized for alleged violations by previous property owners, leading to widespread criticism of the program.
While county officials claimed the program was routine enforcement of land use laws, plaintiffs argued it was an abusive system targeting property owners. A district judge initially dismissed the case in 2023, but the Institute for Justice appealed, resulting in this latest ruling.
The Ninth Circuit found Humboldt County’s enforcement procedures to be “clearly arbitrary and unreasonable,” violating due process and lacking legitimate justification. The decision emphasized that imposing fines based on prior owners’ actions was unconstitutional.
Institute for Justice attorney Jared McClain called the ruling a major victory, stating it sends a message that counties cannot impose excessive fines without evidence or indefinitely delay hearings.
However, the court did not affirm claims related to timeliness or the Seventh Amendment right to a jury trial, leaving those issues for further evaluation. The case now returns to the local court, where it will proceed with discovery under the same judge who previously dismissed it.
Plaintiffs expressed relief and gratitude, seeing the decision as a step toward justice and a turning point for Humboldt County. They credited investigative reporting for exposing the issue and helping push the case forward.
The legal battle is not over, as the case re-enters the trial phase. Plaintiffs and supporters remain hopeful that the ruling will bring economic growth and fairness to the community. Further updates on the case will follow as it progresses.
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