Strong Suit

“They have paid their dues, literally and figuratively. It is not fair.” Those are the words of Maria Severson, the attorney who represents a group of nonprofit medical cannabis dispensaries and limited liability companies that filed suit against San Diego County on Friday, August 11. They did so in response to the March 15 San Diego County Board of Supervisors’ vote to ban all new cannabis operations in unincorporated areas of the county, as well as to phase out existing ones within five years. Plaintiffs argue that the five year “sunset” which the board says will allow already operating businesses to recoup their costs, which reach well into to hundreds of thousands of dollars, is not enough time to recover the costs they have incurred.

“The public should know that the Board of Supervisors actions are actually boosting the unlicensed, black market operators in the county. These unlicensed establishments are not meeting any standards when it comes to product safety and quality.”

The recently filed lawsuit accuses the county of violating not only contractual rights, but constitutional rights as well. Severson told CULTURE that her clients were denied due process, saying, “They were following all of the county procedures, paying for the permits. They expended funds and gave up their property . . . all without just compensation. They were denied due process in having their permits fully adjudicated, and also, they were denied the Fifth Amendment. There was a taking of their property without just compensation.” Severson added.

Severson continued to explain that this lawsuit is not intending to overturn the ban in entirety. Instead, they are looking out for those who have been legally operating and are so far along in the process of operating cannabis businesses. “So, what we’re looking for is to allow these folks with lawful operations the right to operate, and hopefully to enforce the law against those who benefit,” Severson said.

Severson also shared that her preference is to reach a fair resolution, stating, “What we hope is that a fresh look by the county will make them realize that these particular folks are entitled to complete the process that the county started for them, and that they be permitted the lawful operation of a marijuana for medicinal purposes cultivation business.”

Plaintiffs in the case whose operations are located in Ramona, Valley Center, Lakeside, and unincorporated areas of El Cajon point out that not only will the ruling negatively impact their businesses; it will put an undue burden on residents of East County who rely on convenient access to medical cannabis. One of the plaintiffs, OutCo Laboratories Inc. CEO Lincoln Fish, told CULTURE he was concerned with how this ban undermines patients’ rights. “Every citizen deserves the right to make their own medical and health decisions, and the stance by the County Board of Supervisors directly threatens this right,” Fish said. “The voters have spoken and that should be respected. If someone in this county gets sick from cannabis grown or extracted with pesticides, chemical solvents or other additives, they will have the County Board of Supervisors to thank for it.”

Fish also shared how this ban will do more harm than good in boosting the black market, which will also eliminate patients’ safe access to cannabis. “The public should know that the Board of Supervisors’ actions are actually boosting the unlicensed, black market operators in the county. These unlicensed establishments are not meeting any standards when it comes to product safety and quality,” Fish said. “The smart thing to do is make medical cannabis easily accessible to the public, which would allow for the county to take control, monitor and regulate the market on every level, most importantly the quality and safety of products.”

Also included in the complaint are High Sierra Equity LLC, Downwind 27 Inc., Olive Tree Patient Association, LLI Holdings LLC, Bear Flag Group Inc., T&M Real Estate Holdings LLC, San Diego Natural Inc., Management Resource Partners LLC, RRR Investments LLC and Survivormedz Inc. At the time of this writing, there has been no official statement from the county, due to pending litigation.