Wine grower’s lawsuit against Oregon cannabis operation to proceed

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

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4 comments on “Wine grower’s lawsuit against Oregon cannabis operation to proceed
  1. Jason on

    Ridiculous! “Foul smelling particles”, yeah right. If they wanna waste their money on a lawyer, go for it. In the unlikely event they actually win, I suggest a boycott of their sour grape juice…. 🙁

  2. Black on

    First of all this is a Federally illegal crop ! So the pot grower needs to yield to the Federally legal crop grower .. If your neighbors do not want an illegal commercial marijuana grow , processor or sales near their property they should sue using the RICO act …. Only the residents of these legal states can stop these State run drug cartels and their participants .

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