NEIGHBOR FILES CIVIL FEDERAL RICO LAWSUIT AGAINST THE OREGON CANDY FARM/CHRONIC CREATION & 226 OLCC (Oregon Liquor Control Commission) LICENSED MARIJUANA BUSINESSES Case #3:18-cv-01366 https://dockets.justia.com CLACKAMAS COUNTY
What was once known as the famous Oregon Candy Farm which produced wholesome candies for the general public in 2013 was purchased by the Defendant.
According to the RICO complaint and Clackamas County public violation records, in 2014 the defendant transformed the Oregon Candy Farm Property into a fully operational marijuana cultivation operation and a manufacturing flammable ethanol processing site for concentrated marijuana extracts and marijuana-infused food and candy products, violating federal marijuana laws.
Defendant performed extensive grading of the land and installed an underground irrigation pond to capture water, remodeled the building for marijuana production and processing, all without the proper land use permits. Flammable ethanol marijuana processing does not belong in rural residential farm forest areas and are required by Clackamas County regulations to be located in Industrial zones.
The 226 OLCC licensed marijuana retail and grower defendants who sold to and purchased from the Oregon Candy Farm also contributed in the trafficking of a federally illegal drug.
In August 2013, the Defendants agreed to purchase and develop the Candy Farm Property to cultivate marijuana, manufacture concentrated marijuana extracts and produce marijuana-infused products, and to purchase and install equipment, fixtures and materials on the Candy Farm Property for such purposes and engaged in a series of financial transactions via which they invested money in the marijuana operation.
Beginning in September 2013, the Defendant established the marijuana cultivation, concentrated marijuana flammable extract processing and marijuana-infused product operation on the Candy Farm Property. The defendant purchased and installed, a greenhouse on the Candy Farm Property. Defendants also performed extensive grading of the land and installed an underground irrigation pond to capture water on the Candy Farm Property, all without the benefit of required land use permits. the Defendant converted the former candy-making building into a marijuana cultivation operation and flammable manufacturing extraction processing site for producing concentrated marijuana extracts and marijuana-infused candy and food products all without the benefit of required land use permits. The Defendant purchased, and installed, the following items: A commercial walk-in cooler, large chemical storage tanks, tables, insulation, drywall, lighting, fans, climate control equipment and fixtures, electrical circuits, plumbing and fixtures, all without the benefit of land use permits. The Defendant purchased, and Defendants brought to the Candy Farm Property, the following items for the purpose of producing marijuana and flammable manufacturing concentrated marijuana extracts and marijuana-infused candy and food products: Marijuana plants, planting media, plant containers, nettling, pallets, diesel fuel, butane, ethanol, fungicides, fertilizers, pest control equipment and supplies, hand tools, butane containers, trimming equipment, processing equipment and packaging materials.
On September 23, 2014, Defendant formed Chronic Creation, which manufactured concentrated flammable marijuana extracts on the Candy Farm Property. Defendant cultivated marijuana and manufactured concentrated marijuana extracts on the Candy Farm Property as part of Chronic's operations. Defendant trafficked such concentrated marijuana extracts, knows as "SHATTER" and "WAX", under the brand name "Chronic Creations."
On or about September 2014 the Defendant Oregon Candy Farm and Chronic agreed to work together with Defendant PTown to engage in a series of financial transactions designed to conceal the source of cash proceeds from the Marijuana Operation. For example during the period from on or about September 2014 through the present, Defendant Ptown invoice Defendants Chronic and OCF for services allegedly provided by Defendant PTown Investments LLC, and Defendants Chronic and OCF then used a portion of the proceeds of the Marijuana Operation to pay those invoices. Defendant PTown then deposited the invoice payments into its bank account and made payments from its bank account to the Defendant. On or about September 2014, the Defendants and Defendants Chronic and Oregon Candy Farm agreed to work together with Defendant Willow LLC to engage in a series of financial transactions designed to conceal the source of case proceeds form the Marijuana Operation. For example, during the period from on or about September 2014 through the present, Defendant Willow invoiced Defendants Chronic and Oregon Candy farm for services allegedly provided by Defendant Willow and Defendants Chronic and Oregon Candy Farm then used a portion of the proceeds of the Marijuana Operation to pay those invoices. Defendant Willow then deposited the invoice payments into its bank account and made payments from its bank account to the Defendant.
Plaintiff purchased her property in 2004 and Plaintiff resides there on her 5.98 acres. Plaintiff selected the property because of its quiet and tranquil setting located in a rural residential farm forest zone in Clackamas county, a place where she now an elderly woman, could care for her elderly disabled brother, as the family was in a dreadful car accident when they were young which left the Plaintiff's older brother disabled and the Plaintiff has cared for him since that time. The eastern boundary line of Plaintiff's property adjoins the western boundary line of the Candy Farm property. Plaintiff's living room windows and deck look directly out onto the Greenhouse.
Since the Candy Farm Property became the site of marijuana production and flammable concentrate extract processing the unmistakable skunk-like stench of marijuana regularly emanates from the Property and invades Plaintiff's Property. As a result, Plaintiff's use and enjoyment of their property is significantly reduced. For example, whenever the marijuana stench is present, Plaintiff cannot open windows to bring in fresh air, or enjoy working with her horses. Defendants pit bull guard dogs often run up and down the western boundary line, barking, snarling and leaping at Plaintiff's horses and dog. As a result, Plaintiff's horses cannot use the portion of her pasture land that adjoins the western boundary line and Plaintiff must prevent her dog from entering that area of her property as well. Defendant frequently rides an unmuffled ATV back and forth along Plaintiff's property line, raising big clouds of dust and creating a racket so loud that Plaintiff has to go inside. Defendant rides the ATV very slowly along Plaintiff's property line, staring at Plaintiff in a menacing manner. In the spring of 2015, Defendant accosted Plaintiff and inquired whether Plaintiff's disabled brother "needed any marijuana." When Plaintiff was doing some property work, Defendant accosted Plaintiff and her guest at the property line, repeatedly demanding to know whether Plaintiff had obtained permits.
The marijuana production and flammable marijuana concentrate extraction operation on the Oregon Candy Farm Property not only unreasonably interferes with Plaintiff's quiet enjoyment of her property, the Marijuana Operation also has a material adverse impact on the market values of Plaintiff's Property. When prospective purchasers discover that marijuana concentrate manufacturing extraction processing using large quantities of highly flammable ethanol is taking place on the Candy Farm Property which by Clackamas County regulations should be located in an industrial zone, not a rural residential farm forest zone, they will be discouraged from purchasing Plaintiffs' Property because of the well-publicized explosions that regularly take place at marijuana concentrate production facilities and because of marijuana facilities' patently illegal nature and reputation for attracting burglaries, armed robberies, conflicts involving firearms, and other types of dangerous criminal activity.
See all State-wide marijuana violations Oregon Liquor Control Commission/Recreational Marijuana/News Room web site: https://www.oregon.gov/olcc
OREGON POT REGULATORS CITE OREGROWN, LUNCHBOX ALCHEMY FOR LICENSE VIOLATIONS-Deschutes County
OREGROWN REVEALS CROP FAILURES IN SUIT AGAINST GROWER
EXPLOSION LEADS TO FIRE AT WEST-END POT BUSINESS
EXPLOSION AT COMMERCIAL POT OPERATION LEAVES 1 IN CRITICAL CONDITION
POT GROWER DETAILS HORRIFIC ATTACK ON STATE LICENSED POT FARM
10TH CIRCUIT: NEIGHBORS MAY FILE FEDERAL RICO LAWSUIT AGAINST STATE-LICENSED MARIJUANA GROWING OPERATION (goggle this article title for reference to the 10th circuit decision)
NEWS RELATED TO THE IMPACTS OF MARIJUANA IN OUR COMMUNITIES
NEIGHBORS FILE CIVIL FEDERAL RICO LAWSUIT AGAINST MARIJUANA DEALERS
29450 SE LARIAT LANE, BORING OREGON
May 18th, 2018
Rice et al v. Ambrocio et al
Four years after the dust settled on the closure of the Mt. Hood Equestrian Center in Boring, an effort is underway to bring horses and their people back into the arena. Since that time, the large building at 29450 SE Lariat Rd with the distinctive roof line visible from Highway 26, has been used as the site of legal marijuana grow operations.
In its heyday - pun intended - it was a second home to many in the equestrian community.
The property passed through several hands in a short amount of time, eventually ending up under the ownership of Boring resident Todd Siverston in 2014. Siverston initially bought the property with the intention of reopening the stables for use. but he soon discovered structural problems that weren't easily repaired. In order to recoup money he'd put into the property, Siverston opted to lease the property to a handful of marijuana growers.
To this day, Siverston is working to renovate the space, but he's ready to sell. "It's a beautiful property, and there's still work to be done, "Siverston said.
Rice claims in his lawsuit that it was always Siverston's intention to make the property a hub of marijuana production and processing and refers to the activity taking place on the property as "racketeering." "Plaintiffs have been damaged by a criminal enterprise (the "Marijuana Operation') producing and processing marijuana at the Lariat Lane property and other properties, and then trafficking that marijuana," the lawsuit claims. HIT ABOVE LINK TO READ FULL ARTICLE
" Those of us who currently reside in States that have legalized marijuana are now having to deal with the much less publicized issue of finding ourselves faced with being forced to live next door to large marijuana grow operations and the subsequent negative impact these are having on our quality of life and property values. Even though Oregon rural homeowners largely voted against the legalization of marijuana, we are the ones who are being subjected to the negative impacts of living next to these smelly, noisy and potentially dangerous operations. In many instances, our rural lands are being acquired by out of state investors who are leasing them out to multiple different marijuana growers, filling the entire lot with huge, ugly grow houses that produce thousands of marijuana plants. These plants are grown with strong artificial grow lights that light up our night skies, and are watered daily, using 1,000's of gallons of water from domestic wells. Marijuana plants stink. Dead skunk is the most common term used when describing the smell. The strong odor permeates clothing, buildings and can travel large distances. Loud, industrial size fans are being used 24/7 to cool the growing marijuana plants destroying neighboring property owners right to the quiet enjoyment of their homes and preventing them from sleeping with their windows open." Deschutes County Oregon
"Three years ago things began to change dramatically when my neighbor sold her business, the Famous Oregon Candy Farm which made the best chocolates nationwide, to a California Investment Company who told her that they would continue the candy making business which required a conditional use permit. They lied to her and neglected to tell her that they were buying the Candy Farm to start a marijuana grow and a marijuana infused candy and food product farm. Marijuana has a very strong odor, very similar to the smell of a skunk. Imagine 100 skunks spraying next to your home, the smell becomes so obnoxious I can't go outside." Clackamas County Oregon
"Since the legalization of marijuana in Oregon we have seen a degradation to our quality of life in our beautiful rural Deschutes County. Marijuana grows have popped up throughout the county, exposing those of us unfortunate to find ourselves living close to these grows to with the ever present sight, smells, noise and traffic that accompany these types of operations. Any neighbors to speak against these operations are often met with threats, intimidation, and damage to property, livestock or pets. We personally have had our local grower send a representation to our property to threaten us, our dog was allegedly poisoned, harassing bright lights shining into our home." Deschutes County Oregon
"After the passage of new marijuana law in the state of Oregon, our life and many other peoples have drastically changed for the worst when a new neighbor filed a land lot adjustment on his just purchased 6.74 acres of rural residential land that his parents attained with a home-loan from First Federal bank. As neighbors, we didn't find out about his true plans until he had started an application for a concentrate processing facility in addition to outdoor marijuana grow. We banded together with four of our close neighbors and appealed the counties decision and this is when our lives changed all together. We started getting threatening phone calls that our vineyard would be burned to the ground, our newborn calf was mysteriously killed and one of our cows' tail was found cut in half the same morning. On June 1st, 2017 the commissioners voted 2 to 1 in our favor to overturn the county's decision to allow him to process marijuana concentrates at the site. In the last couple of years since marijuana has been legal in Oregon and California the marijuana industry has caused so much harm to the environment. They use scare tactics to threaten the citizens and it is so sad to see the state government turn a blind eye to this matter. It's hard to see the local authorities do nothing to protect the innocent citizens living in this beautiful State." Yamhill County Oregon
"My family has been living the last two years next to an illegal marijuana grow that moved into our once quiet and peaceful rural community. The impacts are significant: strong marijuana odors nearly every day (not just during harvet cycles), strong chemical odors, burning of large piles of marijuana plant remnants, trespassing onto neighboring properties, heavy traffic 7 days a week, 24 hours a day including large commercial trucks, cargo trailers and U-Haul vans, dumping of large amounts of marijuana plant remnants and used growing media onto the ground near water sources, loud weekend-long parties with amplified live music, unsupervised dogs constantly barking and repeatedly roaming loose onto neighboring properties, flagrant lack of respect for law enforcement-government-regulatory authorities, complete lack of consideration for surrounding neighbors, intentional harassment of surrounding neighbors who don't buy into their ways." Clackamas County Oregon
"Make no mistake about it, these are individuals (some backed by out-of-county cartels) who have suddenly and in great numbers have come into our community with the singular purpose of cultivating marijuana to make a profit!!! These operations are being conducted in rural residential areas and should be confined to properties that are zoned commercial or at least have an ordinance in place that protects not only our environment, but protects our neighborhoods." Humboldt County California
"What was once a tree nursery has turned into a non-stop source of noise, weird smells, and pink lights visible from our backyard, dumping their spent soil along our fence line and traffic. We can no longer use half of our almost 7 acres and can only safely put two of our horses on 1 1/2 acres behind the barn since pot growers take great joy in scaring the horses. Until the commercial marijuana grow operation came to be, you could hear a pin drop at night, it was so quiet." Clackamas County Oregon
LIVING NEAR MARIJUANA GROW CAN BE UNHEALTHY EXPERIENCE
By Richard Sedlock and Jerry Settelmeyer
Are the neighbors of large cannabis operations just collateral damage? Here's what it's like to live next to the industrial-scale marijuana operation on Cedar Park Road, our mostly residential street just outside Cottage Grove.
Classified by the state as an "agricultural" crop, cannabis can be grown and processed in Lane County on lots surrounded by rural residential properties - with many undesirable but not really unexpected effects. our neighborhood's core concern is not the legalization of recreational marijuana, but rather the permitted size and proximity to residential neighborhoods of large-scale grows and processing facilities.
Traffic and noise: We have experienced a huge (six to 10 times) increase in traffic, notably heavy vehicle traffic. Many residents have abandoned their daily walks on this once-safe dead-end street. The facility emits a constant rattle of commercial-scale diesel generators running all day, every day.
The stench: We have experience an incredible olfactory assault that shocks even those among us who have lived amid smaller-scale marijuana grows in northern California.
For months, the intense, skunk-like, eye-watering stench prevented us from opening our windows and doors to cool our houses on summer nights, raising nighttime temperatures to unhealthy levels and causing sleep deprivation and anxiety.
Involuntary exposure to the concentrated chemicals emitted by the cannabis operations triggered severe headaches, asthma episodes and other respiratory problems in several households on our street. We are greatly concerned abut the effects of such chemical on infants and people with weakened immune systems - and, frankly, on all of us; we feel like subjects in an ill-conceived experiment on the downwind effects of large-scale marijuana operations.
For months, the stench forced us to involuntarily limit our outdoor time, for both work (in gardens and orchards, with animals, on various outdoor projects) and play (patios, porches, outdoor dinners, swimming pools, etc.).
Water: Cannabis required irrigation water. State law prohibits pumping groundwater for irrigation recreational marijuana unless the property has irrigation water rights. Nevertheless, groundwater gets pumped for large-scale marijuana irrigation without such water rights, drawing down the local water table and affecting water levels in surrounding wells.
Physical safety: Cannabis may be classified as an agricultural crop, but the security concerns attached to it produce a cartel-like atmosphere with drones, security cameras and armed guards with high-powered rifles with ranges of more than two miles. What the heck is this kind of facility doing in a residential area/ Hundreds of people live within two miles of it.
Intimidation: In additional to these impacts, which are likely to be experience by neighbors of any large-scale marijuana operation, our neighborhood has been subjected to intimidation, threatened violence, profanity and arrogant bullying.
Examples include sexual threats to young women; drone flights over neighbors, including children and an 80-year old stroke victim mowing his lawn; frequent dischar4ge of firearms, typically after a confrontation with a neighbor; neighbors stalked by employees with side-arms strapped to their waist; explosive outbursts of profanity; and verbal demands to get off of our own street.
While this may not be typical of large-scale marijuana operations, the current Wild West-like atmosphere of light state and local regulations state and local regulations and insufficient staffing in regulatory agencies invites exploitation by greedy opportunists.
Our neighborhood's cannabis presence has forced itself to the forefront of our everyday lives and introduced a persistent fear for our health, sanity and physical safety. Many neighbors are so distraught and intimidated that they are planning to move away, leaving behind invested time and resources, memories and plans, and their attachment to a place - to their homes - with the dimly perceived goal of somehow starting all over in a place like our street used to be.
Several actions could be taken at the county and state levels to limit the impacts of large-scale cannabis operations on adjacent neighborhoods.
Significantly reduce the permitted size of individual grows near residences.
Limit large-scale operations to sites distant from residences.
Significantly increase the required setback from property lines.
Reclassify cannabis as something other than an "agricultural" crop.
Enforce the water laws.
We believe that such measures could help protect residential neighborhoods from the impacts we've described, would minimize local water-supply issues arising from surreptitious pumping of groundwater, and would slow the influx of exploitative industrial-scale operations.
We know that other neighborhoods are experiencing impacts like those we have described here, and anyone living within a mile of a property zoned F1, F2, or EFU currently is a risk of doing so.
CLACKAMAS COUNTY OREGON
BEAVERCREEK PROPERTY OWNERS FILE RACKETEERING SUIT
Neighbors indicate that:
DEWEY FARMS LLC AND OG SPACES LLC ARE TURNING A ONCE QUIET EFU exclusive farm use farming community into an industrialized steel building marijuana leased grow barns site with 56 metal grow barns, subjecting the community to increased traffic, attempted burglaries and robberies, and presenting many security concerns for neighbors. 11512 S. Barnards Rd, Molalla. Public information Z0445-16
U.S. ATTORNEY GENERAL JEFF SESSION IS RESCINDING THE OBAMA ERA COLE MEMORANDUM
THIS OPEN AIR POT/HEMP DRYING STORAGE BARN WREAKS WITH THE STENCH SMELL OF POT/HEMP THROUGHOUT THE ENTIRE NEIGHBORHOOD, IMPACTING AIR QUALITY IN THE BORING COMMUNITY. NEIGHBORS IN THE AREA CAN'T EVEN HAVE THEIR WINDOWS AND DOORS OPEN WITH THE STENCH SMELL OF SKUNKY POT/HEMP.
HEMP IN OREGON IS LICENSED THROUGH THE OREGON DEPARTMENT OF AGRICULTURE, YET THE OREGON LIQUOR CONTROL COMMISSION IS APPROVING HEMP GROWS TO BE LOCATED AT COMMERCIAL MARIJUANA GROWS AS WELL, BASICALLY TURNING THE ONCE QUIET FARMING COMMUNITY INTO AN INDUSTRIALIZED COMMERCIAL MARIJUANA HEMP GROW OPERATION.
AS YOU CAN SEE FROM THE ABOVE PHOTO, OVER 50 TO 100 CARS, TRUCKS, SEMI'S, CEMENT TRUCKS AND OTHER VEHICLES TRAVEL DOWN THIS ONCE QUIET PASTURE.
THIEVES USE POWER TOOLS, SLEDGE HAMMERS TO STEAL POT PLANTS FROM GROW FACILITY
BORING, Ore. - DEPUTIES ARE SEARCHING FOR AT LEAST THREE MEN WHO BROKE INTO A STATE LICENSED RECREATIONAL MARIJUANA GROWING FACILITY EARLY TUESDAY MORNING 10-10-17 USING SLEDGEHAMMERS AND POWER TOOLS.
The theft occurred around 2 a.m. at a marijuana growing community outside of Boring.
The landlord, who asked us to use only his first name, Brad, said the men drove a dual-wheeled truck on a private road on an adjacent property. He said the men cut barbed wire fencing and used power tools and sledgehammers to smash through walls.
"They brought a lot of power tools and cut right through the steel, "Brad told KATU. "They came into the back walls of the Buildings to avoid the primary cameras." Brad says he believes the operation was planned. "they knew where to go, they knew where to drive in, they knew where to access our property without being seen," Brad said. "they thought if they could cut a hole in the back of the buildings that they could get in and out without being seen or heard."
The Oregon Liquor Control Commission has stringent security measure to prevent crime at these facilities.
Sites must have security cameras installed inside and out, in every room and at each doorway. the cameras' data must be stored on and off-site. In additional, facilities must be physically secured and doors must be reinforced by steel.
Unwanted Pot Grows