Cannabis Appeals for Property Owners
Alves Radcliffe, LLP has extensive experience helping property owners appeal their fines for unlawful cannabis growth, resulting in significant reductions, and oftentimes, complete dismissals.
Actual Case Results with Alves Radcliffe, LLP Representation
Initial Cannabis Fine versus Settlement with Alves Radcliffe’s Representation
1. $3.1 million fine – Resolved for $7,500
2. $1.8 million fine – Resolved for $50,000
3. $667,000 fine – Fine dismissed
4. $657,000 fine – Resolved for $10,000
5. $576,000 fine – Fine dismissed
6. $410,000 fine – Fine dismissed
7. $337,500 fine – Fine dismissed
8. $290,000 fine – Fine dismissed
9. $235,000 fine – Fine dismissed
10. $65,000 fine – Fine dismissed
Attorney Scott Radcliffe is a recognized authority on cannabis appeals for property owners, and has spoken with media outlets, such as Capital Public Radio, about the cannabis ordinance:
Overview: Administrative Penalty for Cannabis Cultivation
Cities and Counties throughout California have enacted ordinances that severely punish property owners when their tenants unlawfully grow cannabis without their knowledge. Rental property owners must be familiar with their local City and County cannabis ordinances.
The City and County of Sacramento have been prolific in fining homeowners millions of dollars for the action of tenants. For example, Sacramento City Ordinance 8.132.030 states, “No person shall own, lease, occupy, or have charge or pocession of any property upon which the person knows or, by exercising reasonable care or diligence, should know that cannabis is being cultivated…”
Though ordinances like Sacramento’s are meant to combat the organized crime associated with illegal grow houses, it has resulted in innocent homeowners getting exorbitantly fined despite being unaware of their tenant’s activities. A homeowner’s best chance at defending themselves and their rental property is by working with an attorney experienced in cannabis law to get the fines reduced or dismissed.
Contact Alves Radcliffe, LLP’s Gold River office to discuss your cannabis appeals case at 916-596-1642.
Illegal cannabis grow can cost homeowners six or even seven-figure fines
Per Sacramento City’s cannabis ordinance, each cannabis plant above the six-count limit is a $500 fine. In Sacramento County, the fine is $1,000 per plant. These penalties can quickly add up to six- and seven-figure fines and often the fines exceed the property’s value. In some cases, individual homeowners are hit with fines totaling over $1 million. If homeowners can’t pay the fine in 30 days, they risk a lien on their property and a civil forfeiture proceeding. Even if homeowners can pay the fine, they often face a steep financial recovery that might require an eventual selling of their property.
Homeowners are fined regardless if they knew about the cannabis
Most homeowners don’t know their tenant is growing illegal cannabis plants until they receive a citation, but the ordinance states:
No person shall own, lease, occupy, or have charge or possession of any property upon which cannabis is knowingly or unknowingly being cultivated, except in accordance with the following:
A. Chapter 5.150 (cannabis businesses).
B. Section 8.132.040 (residential cultivation of cannabis).
For homeowners, simply proving their innocence isn’t enough. They need help from attorneys to defend themselves from losing their property and savings.
Hearings are best navigated with an experienced attorney
The cannabis hearings are informal, usually 30 minutes to 1 hour, but homeowners shouldn’t represent themselves despite the quickness. Homeowners deserve due process, and a rushed hearing without legal representation is unlikely to result in dismissed or reduced fines. It’s vital for homeowners to be defended by attorneys well-versed in cannabis law to get the most of their appeals and protect their property.
Are you a property owner that needs help appealing an Administrative Penalty for Cannabis Cultivation?
Alves Radcliffe, LLP has over 25 years of combined experience, and serves clients throughout Northern California, Greater Sacramento, and the San Francisco Bay Area. Call us at 916-333-3375 or send us an email to speak with an attorney experienced with cannabis appeals for property owners.