Civil RICO Suits Against Harm-Causing Marijuana Operations: Momtazi Family, LLC v. Wagner as a Case Study

Hemp was legalized as a matter of federal law in the 2018 Farm Bill, but the use of cannabis for recreational and medicinal purposes remains a federal crime. This has not stopped an increasing number of states from legalizing recreational and medicinal cannabis as a matter of state law. Unless and until cannabis is legalized on a federal level, coordinated activity to produce and distribute it for recreational and medicinal use can constitute racketeering activity under the federal Racketeer Influenced and Corrupt Organizations Act ( RICO\u27) and give rise to civil RICO lawsuits by private plaintiffs. This article examines one particular civil RICO lawsuit, Momtazi Family, LLC v. Wagner. In this case, owners of a vineyard claimed business injury from a neighboring cannabis operation. Using Momtazi as a focal point, this note reviews what RICO is, the current case law around civil RICO claims involving cannabis, and how the determination of standing for a civil RICO claim in the Ninth Circuit is developing. It also explores the legal landscape for civil RICO claims brought by South Dakota property owners against nearby marijuana operations, which would be brought in the Eighth Circuit