Have you ever heard of marijuana particles? Marijuana, like many plants, releases pollen for reproduction purposes and cross-pollination is a genuine concern. However, it is difficult to imagine marijuana ever cross pollinating with grapes.
A lawsuit has been filed against potential marijuana growers in Oregon by a neighboring vineyard that is concerned that marijuana particles will taint their grapes. The judge on the case even denied a request to dismiss the case.
MCMINNVILLE, Ore. (AP) – A Yamhill County judge has denied a motion to dismiss a complaint filed by a vineyard owner against aspiring marijuana growers.
The vineyard owner, Momtazi Family LLC, claims marijuana odors would damage wine grapes with \”foul-smelling particles.\”
The Capital Press newspaper reports Steven, Mary and Richard Wagner asked the judge to throw out the lawsuit because there was no evidence that odors would cross property lines and because the planned marijuana operation wasn\’t yet definite.
They also cited the state\’s right-to-farm law, which prohibits nuisance and trespass lawsuits against common farming practices.
Judge John Collins said the right-to-farm law doesn\’t provide the growers with blanket immunity, but can be used as a defense later in the case.
One would hope that any grapes produced by the Oregon vineyard would be washed of any sort of particles before being turned into wine. Do you think this lawsuit is frivolous? Is part of the reason for this lawsuit a simple prejudice against marijuana?