Robert Curtis
A class action lawsuit is moving ahead against a cannabis greenhouse operation, in which neighboring residents have accused the company of causing problems in their community, including pervasive odors.
Santa Barbara Superior Court Judge Thomas Anderle handed down a ruling in March, certifying the class action lawsuit against cannabis-growing operation Valley Crest Farms in Carpinteria Valley.
Anderle certified the class to include all property owners within 1 mile of Valley Crest’s 7-acre operation who purchased their property prior to Jan. 19, 2016. The named plaintiffs, Dr. William Hahn and Danielle Dall’Armi, say the cannabis facility has pushed down real estate values and made their property less livable.
“Valley Crest’s cannabis operation has severely affected the enjoyment of the plaintiffs’ property,” a summary of their class-certification motion states. “The neighborhood surrounding their property has a thick, heavy, strong stench of cannabis on a near daily basis. The proximity to the ever-present spraying of the odor-control system has caused chemicals and essential oils from the system to settle on their property, and landscaping.”
Plaintiff Dall’Armi has lost rental income and income from her rose business as a result of the “skunky” cannabis odors, according to court filings.
Anderle’s decision also pointed out that Valley Crest had been cited by county officials for failure to install odor-control equipment. The company opted to simply pay a fine rather than address the county’s concerns stemming from a property inspection, the decision states.
“The strong odors produced by growing cannabis are often described as pungent, skunky, even ‘sewer-like,’ Anderle’s opinion says. “The characteristic odor associated with cannabis is attributed to the release of chemical compounds into the air known as volatile organic compounds.”
But plaintiffs’ attorney Robert Curtis told the Southern California Record in an email that the lawsuit was primarily focused on the threat to their lifestyles.
“The lawsuit does not cover health concerns, only the noxious emissions that are more of a threat to property values and residents' enjoyment of their homes,” Curtis said.
All of the class members are looking for answers to the same questions, according to Anderle, including whether Valley Crest is violating the California Business Professions code and Health and Safety Code, whether the company’s conduct lowered the value of neighboring properties and whether the conduct amounts to a public or private nuisance.
Despite the plaintiffs’ attorneys’ decision not to highlight public health issues, some anecdotal evidence suggests that the odors from cannabis growing facilities can cause irritated lungs, sore throats and headaches, according to a 2022 article in the journal Environmental Health Perspectives.
The volatile organic compounds (VOCs) that cause the odors – called terpenes – can lead to annoyances that affect mental and physical harm, according to the article. And the release of terpene VOCs has been known to elevate ground-level ozone, which is associated with respiratory and cardiovascular ailments, the story says.
The defendants in the case have also argued that carbon scrubbers would not necessarily have addressed residents’ odor complaints, even though Santa Barbara County sees the technology as the “gold standard” for odor abatement, the judge’s opinion says.
