Federal Judge Allows Cannabis Racketeering Lawsuit to Move Forward


2019-09-12 11:05:20 Ganjapreneur


An Oregon U.S. District Court judge is allowing a racketeering lawsuit by a wine vineyard against a neighboring cannabis company to move forward, ruling that there is enough evidence that the vineyard suffered a financial loss due to its neighbors’ operations, the Associated Press reports.   Momtazi Vineyard, located in Yamhill County, opposed the cannabis farm’s business license in 2017 saying that the “skunk” stench is “not acceptable in wine” and the farm would “put the vines and wine at great risk.” They sued Yamhill Natural in April claiming they had lost six tons of grapes, said Jessie Mondry, an Oregon cannabis attorney with Harris Bricken who is not involved in the case. The court had ordered the plaintiffs to show a specific loss in order to proceed.  Mondry said that at least two other racketeering lawsuits against cannabusinesses had been filed in the state but had been dismissed. In those cases, plaintiffs argued that cannabis legalization had caused “diminished use or enjoyment” of their property or increased security costs. “It changes the playing field in that the court has shown a pathway to bring racketeering claims against marijuana farms. I don’t know that this is going to open the floodgates. At least they know now what they need to do so survive a motion to dismiss.” — Mondry, to the AP The defendants argue that the vineyard can not actually prove any financial losses and that the lawsuit’s primary claim — that there is a commercial grow on the property — is a lie and the grow is a small, personal, medical cannabis crop. They have asked the judge to dismiss the lawsuit on those grounds is pending. Get daily news insights in your inbox. Subscribe End Authored By: TG is a journalist by trade and has covered cannabis industry news for Ganjapreneur.com since 2014. He teaches media studies at an upstate New York university and is also the host of the Ganjapreneur Podcast.
据美联社报道,美国俄勒冈地区法院的一名法官允许一家葡萄园对一家邻近的大麻公司提起诈骗诉讼,判决有足够的证据表明,葡萄园因邻居的经营而遭受了经济损失。 位于山丘县的 Mostazi Vineyard 在2017年反对大麻农场的营业执照,称“臭鼬”的恶臭“在葡萄酒中是不可接受的”,农场将“把葡萄藤和葡萄酒置于极大的风险中”。他们在四月份起诉山丘天然公司,声称他们损失了六吨葡萄,杰西 Mondry 说,俄勒冈州大麻律师哈里斯 Bricken 没有参与此案。法院命令原告出示具体的损失以便继续进行。 Mondry 说,至少另外两起针对滥用枪支的敲诈勒索诉讼已在该州提起,但已被驳回。在这些案件中,原告辩称,大麻合法化已导致“减少使用或享受”其财产或增加安全成本。 “这改变了竞争环境,因为法院已经显示出了一条途径,可以对大麻农场提出敲诈勒索索赔。我不知道这会打开闸门。至少他们现在知道他们需要做些什么,但他们还是在一项解散的动议中幸存下来。”—— Mondry ,美联社 被告辩称,葡萄园实际上无法证明任何经济损失,而诉讼的主要主张——财产上有商业种植——是谎言,种植是一种小型、个人的医用大麻作物。他们已要求法官以这些理由驳回诉讼,目前还在审理中。 在你的收件箱中获取每日新闻信息。认购 结束 授权人: TG 是一名贸易记者,为 Ganjaprender 报道了大麻行业的新闻。自2014年以来。他在纽约北部的一所大学教授媒体研究,也是甘贾丁·庞德斯特的主持人。