OR – Green Light Law Group: Update on Temporary Restraining Order Against Jackson County Sheriff Re Bulldozing Hemp Crops

CANNANNEW REPORT

Green Light Law Group write.. Editor’s Note: This post is a follow-up to our breaking news, regarding the TRO in Jackson County. On Wednesday, July 28, 2021, I appeared in court with my colleagues Andrew DeWeese and Abby Michels for a hearing to extend the temporary restraining order we secured for the duration of the lawsuit. The Honorable Benjamin Bloom presided over the hearing, which included testimony from our client and our client’s landlord, along with the legal arguments of the lawyers representing Jackson County (represented by Jackson County Counsel) and the Oregon Department of Agriculture (ODA) (represented by the Oregon Department of Justice). ODA submitted written declarations rather than presenting live testimony. ODA admitted that the first time they looked at our client’s hemp grower applications was on Monday, July 26, 2021, in response to the temporary restraining order we won for our client the previous Friday requiring ODA to show cause why they had not yet issued the registration. ODA contended that there were some details that needed to be corrected in the applications, including the provision of updated latitude and longitude of various growing areas identified in the applications. Importantly, ODA acknowledged that Section 18c of HB 3000 applied to several of our client’s applications, and that ODA had the obligation under that section to prioritize the applications for inspection and testing. In response, we argued that the Sheriff’s threat to bulldoze the crops in the ground under Section 41 of HB 3000 – which definitively states that any hemp grown in violation of ODA laws and regulations is an “unlawful marijuana grow,” a new Class A misdemeanor, and contraband that may be destroyed by law enforcement – would impermissibly interfere with ODA’s obligation to prioritize our client’s field for inspection and testing with Section 18c. In other words, because ODA acknowledged that Section…

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Source : OR – Green Light Law Group: Update on Temporary Restraining Order Against Jackson County Sheriff Re Bulldozing Hemp Crops

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