Federal judge dismisses Oregon hemp producer’s lawsuit

Hemp Industry Daily reports

A federal judge last week dismissed an Oregon hemp producer’s lawsuit claiming that Josephine County officials seized and destroyed legal hemp worth $2.5 million after mistaking it for marijuana.

However, the judge dismissed the case without prejudice, leaving Oregonized Hemp Co., a hemp farm and farm service contracting business based in Grants Pass, and owner Justin Pitts free to file a new complaint against Josephine County, Oregon.

The original lawsuit claimed that a two-county police search in April 2020 at a greenhouse leased by the business in Williams, Oregon violated civil rights and due process, Capital Press reported.

State agriculture officials said the product seized was marijuana, not hemp, and the warrant used to raid the company stated that the company’s greenhouse was not licensed for hemp or marijuana production.

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Wednesday, May 26, 2021
67  2 pgs order Order on Motion to Dismiss for Failure to State a Claim Order on Findings & Recommendation Wed 05/26 2:19 PM
ORDER: Magistrate Judge Clarke’s Findings and Recommendation58 is adopted in full. Josephine County Defendants’ Motion36 is GRANTED in part and DENIED in part. Josephine County Defendants are dismissed from Plaintiffs’ First Claim for Relief, Counts IIV of Plaintiffs’ Amended Complaint. Plaintiffs’ Second Claim for Relief is dismissed without prejudice, with leave to file a second amended complaint within thirty days. Signed on 5/26/2021 by Judge Michael J. McShane. (cp),_LLC_et_al_v_Josephine_County_et_al