"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."

 

This ruling was decided in October 29, 2024. It is a case which resulted in a loss for Santa Barbara County and involves a conditional use permit.

Humboldt County appeals are heard in The First District Court of Appeal.  

Google AI overview:

Four paragraphs from the Second District Court of Appeal ruling on p.1:

"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 county grants a conditional use permit (CUP) for the cultivation of cannabis. To issue a CUP, the county's land use code requires a finding that the streets and highways are adequate for the proposed use. A private easement over a neighbor's land is the only access to the land subject to the CUP. The owner of the servient tenement objects to the use of his land to transport cannabis. The servient owner petitions for a writ of administrative mandate challenging the county's grant of the CUP. The trial court denies the petition. We reverse because under federal law cannabis is illegal in California and everywhere else in the United States. The servient tenant's objection on this ground is sufficient to defeat the CUP. That the possession and cultivation of cannabis has the imprimatur of legality in California is beside the point."

Read the entire ruling:

https://caselaw.findlaw.com/court/ca-court-of-appeal/116652910.html