Marijuana Conversion Action Against County Thrown Out.

Sheriff’s deputies seized and destroyed approximately 1,500 pounds of marijuana under cultivation in a remote area of Humboldt County. Plaintiffs each has a written physician’s recommendation for up to two ounces of marijuana per day, sued the County for conversion and violation of their constitutional and statutory rights to be free from unreasonable search and seizure and deprivation of property without due process. On cross-motions for summary judgment, the trial court found the deputies had probable cause for the seizure, that the County lawfully destroyed the cannabis, and that plaintiffs failed to proffer admissible evidence that their possession was lawful. It accordingly granted the County’s motion and denied plaintiffs’ motion. In affirming the trial court, the appellate court stated:  “Plaintiffs’ failure to proffer competent evidence showing they had a legal right to possess the seized marijuana was fatal to their common law, statutory and constitutional claims for interference with their property rights.” Littlefield v. County of Humboldt  (Cal. App. First Dist., Div. 3; July 25, 2013) 218 Cal.App.4th 243.