The Vermont Supreme Court has ruled against a cannabis farmer in Essex Junction, Jason Struthers, affirming local zoning regulations over state agricultural laws. Struthers, who also raises ducks and grows vegetables on his half-acre property, faced opposition from neighbors who argued that his farming activities disrupt the residential nature of their neighborhood.
The court’s decision, issued on May 30, 2023, overturned a prior ruling by a lower court. The justices determined that towns and cities in Vermont have the authority to regulate cannabis cultivation and farming practices through local zoning laws. This has significant implications for the ongoing debate over local versus state authority in agricultural matters.
Struthers holds a state license for cannabis cultivation and is recognized by the Vermont Agency of Agriculture, Food and Markets as a legitimate farm. However, neighbors Stephen and Sharon Wille Padnos expressed concerns about the smell of cannabis plants and the noise from Struthers’ ducks, particularly given their proximity to Essex High School, located within 500 feet.
The Wille Padnoses argued that Struthers should not conduct farming or cannabis cultivation in their residential zone. Conversely, Struthers contended that state agricultural laws exempt him from local regulations concerning his farming practices. He emphasizes that his use of duck manure as fertilizer for his cannabis could lead to issues if local authorities attempt to regulate his ducks, which he sees as indirectly regulating his cannabis operations.
This case has seen a series of appeals. In September 2023, the Essex Junction Developmental Review Board determined that Struthers’ duck-raising activities violated local zoning laws but stated that the city had limited authority over his cannabis cultivation. Struthers appealed this decision, while the Wille Padnoses sought further restrictions on his cannabis operations.
In August, Vermont Superior Court Judge Thomas Walsh ruled in favor of Struthers on both counts, stating that local regulation of his farming was outside the city’s jurisdiction. However, the recent Supreme Court ruling reversed this, clarifying that being a licensed outdoor cannabis cultivator does not exempt a landowner from all municipal regulations.
The case will return to the lower court, where Judge Walsh will reassess the situation in light of the Supreme Court’s interpretation. Essex Junction city officials are preparing to determine the next steps to align with the recent ruling. City Manager Regina Mahony stated, “We will be carefully considering next steps to ensure we are consistent with this decision; this will likely include coordination with other regulatory authorities.”
This court ruling highlights the ongoing tension between local zoning laws and state agricultural regulations, which is likely to affect future cannabis cultivation and farming practices in Vermont.
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