Pot Farming Not Protected Under Constitution, Judge Says

Law360 (May 28, 2020, 9:11 PM EDT) -- A Washington federal judge has tossed due process claims brought by a pot growing operation that was forced to close after the county it was located in retroactively banned cannabis production, saying the right to cultivate cannabis is not a protectable property interest under the U.S. Constitution.

U.S. District Judge Rosanna Malouf Peterson said Grandpa Bud LLC's alleged property interest in the case is indistinguishable from federally unauthorized cannabis cultivation, and the company did not show that Chelan County, Washington, failed to comply with requisite procedures or governing law in enacting its retroactive cannabis regulations.

"Even when cannabis production is a...

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