An Oregon lawsuit to halt a planned marijuana cultivation site because of potentially detrimental cannabis smells will continue.
Yamhill County Judge John Collins has denied a motion to dismiss Momtazi Family vineyard’s complaint that marijuana odors would damage wine grapes with “foul-smelling particles.”
According to the Capital Press, prospective cannabis cultivators Steven, Mary and Richard Wagner had asked the judge to throw out the lawsuit because:
- There was no evidence odors would cross property lines.
- The planned marijuana operation wasn’t yet definite.
They also cited Oregon’s right-to-farm law, which prohibits nuisance and trespass lawsuits against common farming practices.
Though Judge Collins ruled the right-to-farm law doesn’t provide the growers with blanket immunity, he said the statute can be used as a defense later in the case.
This case could be a precursor to similar legal moves as cannabis cultivation expands in regions favorable for wine growing and as both marijuana and grape farmers eventually compete for tourism dollars and resources such as water.
– Associated Press and Marijuana Business Daily