Two Oregon wine grape growers have failed to convince a state judge their grapes would be harmed by odors from a neighboring marijuana operation.
Yamhill County Circuit Court Judge Cynthia Easterday has ruled that Smera Vineyard and Maysara Winery haven’t met their burden of proof to justify blocking the nearby Wagner family from growing and processing the psychoactive crop.
The judge said that she’d deliberated on the case for nearly eight months since the trial was held in late February and had re-listened to expert testimony several times since then.
“This was a very difficult and close decision,” and while the potential for the smell of marijuana to taint wine grapes raises “a threat, a risk, and concerns, there is insufficient proof at this time by a preponderance of the evidence that it will damage plaintiffs’ current or future agricultural products,” Easterday said.
The judge also determined that Steven, Mary and Richard Wagner, the marijuana producers, can lawfully use an easement across one of the plaintiff’s properties and that the defendants are the prevailing parties under Oregon’s “right to farm” statute.