Nuisance or Normal...Is Marijuana ready for Agricultural Status?
House bill 1692 would allow for marijuana grow operations the status of agricultural activities, this would include the growing and production including products of grow operations the legal protections of any other farm production. The argument for this status is framed as a property right. The problem with that argument is that agricultural status recognizes special needs of the property rights of agricultural activities in terms of methods and means of agriculture and not simply on the basis an agricultural product is something that is grown. Agricultural business is protected from the use of nuisance law if the operation is consistent with good practices and was established prior to surrounding non-agricultural uses unless the activity constitutes a substantial adverse effect on public health and safety. Tradit
