Class Action Lawsuit Alleging Abusive Enforcement of Cannabis Grows in Humboldt County

In Humboldt County, a federal class action lawsuit is putting the spotlight on an eight-year-old “abatement program” that imposed hefty fines on property owners for suspected marijuana-related activities. The lawsuit, originally filed in 2022, has been given the go-ahead to proceed with constitutional claims against the county by owners who were fined. This decision came after the Ninth Circuit Court of Appeals overturned a lower court’s dismissal of the case in May. U.S. Magistrate Judge Robert M. Illman will preside over the case.
The appellate court determined that the plaintiffs, a group of homeowners in Humboldt County seeking redress for what they claim were unjust penalties totaling millions of dollars, had presented credible claims of concrete harm and deserved their day in court. The property owners named in the lawsuit, including Corinne and Doug Thomas, Blu Graham, and Rhonda Olson, found themselves facing fines from the county for alleged cannabis cultivation activities that they say they never engaged in. These fines, reportedly issued under the county’s abatement program, were deemed excessive under the US Constitution’s Eighth Amendment.
According to the court, the property owners experienced emotional and financial distress due to the imposed fines, as they had to hire engineers and attorneys to navigate the legal proceedings. Attorney Jared McClain, representing the plaintiffs, highlighted that the fines were based on the premise that past property owners had conducted illegal activities on the land, without concrete evidence against the current owners.
McClain emphasized that accountability should be individual and not collective, pointing out the injustice of charging current property owners for the actions of previous ones. The Institute for Justice, providing legal assistance to the plaintiffs, expressed that the abatement program has led to hundreds of millions of dollars in fines for property owners in Humboldt County since its introduction in 2017. This legal battle offers hope for justice for individuals like Rhonda Olson, who faced a $7.4 million fine from the county for alleged cannabis crimes committed by past property owners.
The recent ruling by the appellate court has been received positively by the plaintiffs, signaling a potential turning point in their fight against what they perceive as unjust treatment by Humboldt County. This development underscores the need for a fair and equitable approach to enforcement, ensuring that property owners are not unduly penalized for the actions of others. As the lawsuit progresses, it raises important questions about accountability, property rights, and the impact of regulatory measures on individual livelihoods.