A cannabis plant grows inside a Carpinteria greenhouse. A Carpinteria cannabis operator has sued Santa Barbara County and the Board of Supervisors over the board's decision to deny the company's request for an extension to install carbon scrubbers in March. Bosim 1628 Management Co. claims the board did not properly follow the county's cannabis ordinance.
A cannabis plant grows inside a Carpinteria greenhouse. A Carpinteria cannabis operator has sued Santa Barbara County and the Board of Supervisors over the board's decision to deny the company's request for an extension to install carbon scrubbers in March. Bosim 1628 Management Co. claims the board did not properly follow the county's cannabis ordinance. Credit: Evelyn Spence / Noozhawk file photo

A Carpinteria cannabis operation has sued the Santa Barbara County Board of Supervisors after the supervisors denied its request for more time to install carbon scrubbers — odor abatement equipment — in March.

Bosim 1628 Management Co. filed a lawsuit against the Board of Supervisors and Santa Barbara County in June, claiming that the board’s extension denial was not consistent with county code.

In a filing submitted to Santa Barbara County Superior Court, Bosim argued that the board’s decision was outside its legal authority. It also argued the decision was inconsistent with the county’s own cannabis ordinance and paperwork submitted by the company.

The lawsuit has asked the court to deny the board’s decision and grant the company a 12-month extension.

In March, the Board of Supervisors denied a series of requests for extensions to install carbon scrubbers, despite county staff recommending that the board grant some companies more time.

County spokeswoman Kelsey Gerckens Buttitta said the county does not comment on ongoing litigation.

Craig Wasserman, Basim’s attorney, told Noozhawk that the company made an effort to be ready by the deadline.

“It is very odd the planning department recommended the extension be given based on my client’s due diligence,” Wasserman said. “Yet, the board did not follow the recommendation.”

The board voted to require carbon scrubbers in early 2025 after years of odor complaints from residents in the Carpinteria area.

Operators were given a year to install carbon scrubbers, which filter the air to remove the smell of cannabis.

Nine operators did not install the scrubbers by the deadline and requested extensions from the county, including Bosim. The company asked for a 12-month extension because it said it needed electrical work done to install the scrubbers.

Bosim stated that Southern California Edison had given it a timeline for the work and that a third-party company, Priestman Electric, was coordinating with SCE to complete it.

First District Supervisor Roy Lee, whose district includes Carpinteria, accused the operators in March of failing to meet the deadlines because of “self-imposed delays.”

“As a county supervisor, I am incredibly disappointed (in) these growers,” Lee said. “But as a Carpinterian, my community deserves better. We will not tolerate any more cannabis odors. Enough is enough.”

According to the lawsuit, Bosim submitted a written request to the county in December, before the March 18 deadline, asking for a one-time extension because of “delays related to on-site and off-site power upgrades and supply chain issues.”

The lawsuit claimed that the denial also stated that Bosim had not submitted a proper odor abatement plan by the deadline.

Bosim’s case challenged the denial, and stated that it did try to have the scrubbers installed before the deadline.

“The record reflects Bosim’s documented efforts to obtain SCE status updates and to engage an electrical contractor to coordinate with SCE, including SCE’s reassignment of the project due to scope and Priestman Electric’s statement regarding typical turnaround times due to staffing shortages,” the lawsuit stated.

The case also argued that Bosim asked Priestman Electric to coordinate with SCE to finalize the power permit update.

Additionally, Bosim stated that despite the denial stating that the company had not obtained the carbon scrubber, it had provided documentation from the manufacturer of the company showing the timeline for delivery.

Court documents stated there was enough evidence for the Board of Supervisors to approve a 12-month extension to March 2027. The lawsuit also called for the court to overturn the board’s denial and grant Bosim the extension or a new hearing.

As of June, nine businesses that had their extension requests denied in March had filed appeals by the April deadline, according to Gerckens Buttitta.

Five later fully installed carbon scrubbers. A sixth, Bronco Management, decided not to appeal and deemed the business non-operational.

The final three operators — Bosim 1628 Management LLC, G&K Produce LLC and K&G Flowers LLC — have appeals under review. Those three currently do not have operational scrubbers, according to the county.

Gerckens Buttitta said the Office of Administrative Hearings heard Bosim’s appeal June 1.

A hearing for G&K Produce LLC and K&G Flowers LLC was scheduled for Wednesday.

The decisions should be released 30 days after an administrative law judge hears the case, but the timeline may be extended.