City of Eureka lawsuit against Fusion Smoke and Glass seeks to enjoin the unlicensed and unlawful commercial cannabis activity" at 2228 4th street

 

On April 9, 2025, the City of Eureka filed a lawsuit against Fusion Smoke and Glass to  "enjoin the unlicensed and unlawful commercial cannabis activity" at 2228 4th street. The business has been closed for two months.

Mr. Dustin Owens represents Fusion Smoke and Glass. Ms. Autumn Luna is no longer the attorney for the City of Eureka. Neither is former City of Eureka Deputy Attorney Curtis Davis who was terminated from his position in June 2025. 

On 6/10, the City of Eureka filed a substitution of attorney with Mr. Robert Black taking over the case. On 6/23, Mr. Owens filed a general denial of all allegations. 

There is a Case Management Conference scheduled on 10/27/25. I covered a lawsuit filed by Mr. Owens previously against the City of Eureka and he prevailed. This was in 2019 when Brian Gerving was at the City of Eureka.

https://johnchiv.blogspot.com/2019/04/incompetence-or-abuse-of-power-read.html?m=1

https://johnchiv.blogspot.com/2019/06/travis-schneider-had-to-file-writ-of.html?m=1

On December 12, 2024, Humboldt County Sheriff’s Office Marijuana Enforcement Team (MET) served two search warrants in an investigation about illegal cannabis sales. One was at Fusion Smoke & Glass located at 2228 4th street in Eureka.

HCSO Press Release:

On Dec. 12, 2024, deputies with the Humboldt County Sheriff’s Office Marijuana Enforcement Team (MET) served two search warrants  investigate illegal cannabis sales at a smoke and glass shop in the 2200 block of 4th St. in Eureka and an apartment in the 800 block of Bayside Rd. in Arcata.

The service of these warrants was a part of a multi-week investigation of the illegal sale of cannabis products to minors at a retail location. Additionally, this location did not possess the required county permit and state license to sell cannabis commercially. During this operation, a juvenile employed by the business sold illegal cannabis product to an underage decoy.

During the service of the warrants, deputies seized hundreds of illegal cannabis products which were available for purchase at the business location. At the time of the search warrants, no arrests were made. This investigation is still ongoing, and the case will be forwarded to the Humboldt County District Attorney’s Office for review.

10/27/25: Mr. Greg Holz for City of Eureka; Mr. Dustin Owens for Fusion Smoke and Glass;  request for another CMC granted. 2/3/26 is the next court hearing.