Heath Scott, owner of 7 Point Farm and Apothecary holds cannabis flower at his business in Mt. Juliet , Tenn., Friday, May 2, 2025.
Santa Barbara, California – A long-simmering legal battle in Santa Barbara County is inching toward a decision that could reshape how California regulates its vast outdoor cannabis industry. At the center of the case is a clash between wine and weed — two of the state’s most celebrated, and now colliding, agricultural economies.
Blair Pence, owner of Pence Vineyards & Winery and its associated tasting rooms in Buellton, filed a lawsuit in 2021 against Santa Barbara Westcoast Farms, a 50-acre outdoor cannabis operation located directly across Highway 246. He alleges the pungent smell from Westcoast’s cannabis crops has driven away customers, depressed revenue, and damaged property values. The vineyard’s monthly wine sales have dropped by more than half since Westcoast began operations, court filings show.
Superior Court Judge Patricia Kelly is expected to rule on July 2 whether to allow dozens of nearby homeowners and business operators within a two-mile radius of Westcoast to join the lawsuit as a formal class. If she certifies the class, it could open the door to collective claims for damages from neighbors of outdoor cannabis grows across the state.
The case highlights a growing tension in California’s post-legalization era. Outdoor cannabis cultivation—promoted as an eco-friendly, low-energy alternative to indoor operations—has led to mounting odor complaints in regions like North County and the Carpinteria Valley. While indoor and greenhouse growers have been required to install odor mitigation systems, outdoor operators have faced fewer restrictions.
In court documents, Pence described the cannabis smell as a “thick, heavy stench” that lasts for months, souring the experience for wine tourists and residents alike. He argues the issue isn’t just the odor itself but the stigma it creates. “The consumer doesn’t want to drive through a pot smell area to go tasting,” Pence said in a deposition.
Westcoast disputes the allegations, arguing that the smell is mild, floral, and fleeting—confined to the brief spring and fall harvests. Environmental consultants for Westcoast characterize the odors as faint and inconsistent, and the farm’s representatives note that they grow only cover crops, such as mustard and oats, for much of the year.
The cannabis grower has also installed an odor control system—a misting apparatus along the perimeter of its fields—but Pence alleges the deodorizing chemicals themselves are harming his property. He further accuses Westcoast of unfair competition, claiming the farm illegally pumps water from the Santa Ynez River’s floodplain during dry months.
At stake is more than one lawsuit. A similar case in Carpinteria Valley led to class certification last year. If Judge Kelly follows suit, it could spur further litigation across the region—turning odor, once a background issue in cannabis regulation, into a defining legal battleground.
