By Nicole Montesano • Staff Writer • 

Judge denies motion to sanction winery

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I'm confused. Under current OMMP rules, a single patient growing for their own personal use is limited to six mature (budding) plants at a time, as well as (I think) 24 immature seedlings/clones. He could grow for other patients as well, but there's a hard limit on the total number of plants allowed there, too. And if he's not registered as a medical marijuana patient with OMMP, the number of legal plants is even smaller. It seems pretty obvious that Mr. Wagner is flouting the law in one direction or another and the sooner it's cleared up the better.


Wagner flouting federal law isn't the issue. Momtazi doesn't want cannabis anywhere him or his grapes. Momtazi has deep pockets and is litigating Wagner into submission.

Momtazi's story is fascinating - immigrated from Iran, had the guts to buy land far away from traditional grape producing soil, got a little lucky with good employees who knew how to make wine, and is now in a powerful position.

This news story seems to be about a bunch of intertwined themes - state versus federal authority, wealthy versus perhaps not so wealthy, and the biology question of whether cannabis can taint grapes.

David S. Wall

"A federal judge this week denied a request by pot farmer Richard Wagner and his parents to sanction a neighboring winery for filing legal complaints against him. The Wagners failed to prove that winery owner Moe Momtazi’s allegations were baseless, Judge Anna Brown ruled."

“The Court finds defendants have from an objective perspective failed to meet their burden to show that plaintiff’s complaint is ‘frivolous, legally unreasonable, or without factual foundation’ and that plaintiff has not conducted a reasonable and competent inquiry before filing the complaint.”

As I recall, Commissioners Olson and Primozich voted against this operation. Commissioner Starrett voted in favor.

Perhaps the Defendants, "Bogarted too many joints-my friends."

Or, Federal Law still has teeth and Plaintiffs were shrewd to pursue this matter in Federal District Court vesus Oregon's Circuit Court.

David S. Wall

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