County denies claims in hemp grower’s federal lawsuit

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In a filing in federal district court, San Benito County has denied all allegations in a lawsuit claiming that its Agricultural Commissioner’s Office racially discriminated against and denied due process to a local hemp grower.

According to the county’s response to the lawsuit filed with the U.S. District Court for the Northern District of California, Pedro Ibarra was “not always and/or fully compliant with all regulatory requirements per the CDFA [California Department of Food and Agriculture] Hemp Program and/or the Agricultural Office’s requirements and/or process.”

According to Ibarra’s lawsuit initially filed in May, his applications for the hemp program in 2024 and 2025 were denied after an “argument” with acting San Benito County Agricultural Commissioner Ken Griffin in 2023. 

In his lawsuit, Ibarra claims the Agricultural Office falsely accused him of violating the terms of his registration and of illegally cultivating cannabis,  in order to justify what he alleges was the “racially and personally motivated decision.”

In its response, the county states it “incorporate[s]” the arguments and positions it took during an administrative hearing by the state in June. 

According to the decision by Department of Food and Agriculture hearing officer Mary Horst dated June 2, the county argued Ibarra’s application was denied because Ibarra committed “multiple violations” over the course of three years. 

However, Horst found the county did not provide Ibarra with due process to appeal the denial of his application “such that he could contest the ‘violations,’” and that the county did not provide Ibarra with any notice of violations while he was in operation between 2021 and 2023.

Horst also found the violations cited by the county were not “negligent violations,” that would have allowed the county to deny a permit application. 

While Ibarra is requesting an undisclosed amount in compensatory and punitive damages, the county argues that it is not liable, for various reasons, including that the damages could have been prevented through acts or omissions on his part or on the part of third parties because of various state laws that codify when public agencies are not liable.

San Benito County Deputy County Counsel Rebekah Mojica has previously told BenitoLink the county does not comment on pending litigation.

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