Class action lawsuit over nuisance violations may serve as warning

Residents of Rock Hill, Missouri have filed a class action lawsuit against a cannabis cultivation facility for private nuisance, public nuisance, and negligence allegedly caused by the facility’s release of noxious odors. The residents allege that a properly designed, operated, and maintained cannabis cultivation facility would prevent excess admission of noxious odors through use of carbon filters, UV light, biofilters, ozone generators, and/or odor neutralizers, as well as the proper storage and disposal of organic waste.

Prior to commencing litigation, residents neighboring the cannabis facility complained to the City of Rock Hill, which established a tip line for odor complaints in the area. The City said the cannabis facility violated Rock Hill’s municipal zoning code and constituted a public nuisance. Rock Hill’s use regulations require marijuana facilities to install odor control filtration and ventilation systems and to submit an odor mitigation plan to the city. The code states “No odor shall be detectable by a person with a normal sense of smell at any point outside the property boundary of the facility.” In February of 2026, representatives from the cannabis facility spoke at a Rock Hill City Council to explain their efforts to address resident concerns. Evidently, such efforts were unsuccessful at solving the noxious odor problem, which has led to legal action by residents.

Article XIV, Section 2, of the Missouri Constitution legalizes marijuana use for adults of twenty-one years and older, and local governments may only exclude non-medical dispensary facilities through referral of a ballot question to voters by the governing body or a citizen petition. Local governments may also regulate the time and place for consumption of marijuana in public areas.