Paula Mussio smells legal marijuana after buying it from a pharmacy in Montevideo, Uruguay, Wednesday, July 19, 2017. Marijuana is going on sale at 16 pharmacies in Uruguay, the final step in applying a 2013 law that made the South American nation the first to legalize a pot market covering the entire chain from plants to purchase. (Matilde Campodonico; The Associated Press)

Oregon marijuana growers face lawsuit from vineyard owner over crop’s smell

MCMINNVILLE, Ore. — 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.

Information from: Yamhill Valley News-Register