A hemp grower in Jackson County, Oregon has filed suit against the Oregon Department of Agriculture (ODA) over failure to issue hemp registrations and against the Jackson County Sheriff to prevent the destruction of its hemp.
We’ve written on about the difficulties hemp farmers face when law enforcement seeks to destroy, or does destroy, a hemp crop or harvest:
As these articles explain, the likelihood of recovering damages from a federal, state, or local government after law enforcement wrongly seizes or destroys hemp is not great. That’s because various doctrines of immunity provide the government and its agents a broad shield against most claims.
So what is a hemp farmer to do if they reasonably believe they are at risk of having their hemp seized and destroyed? One answer is to file a lawsuit seeking declaratory relief along with a motion for a temporary restraining order that prohibits law enforcement from acting against the hemp. That’s what happened here.
The allegations strongly suggest the ODA messed up. The plaintiff-company is owned and operated by a combat veteran who grows hemp for CBD to treat post-traumatic stress disorder and works to provide resources to veterans experiencing a variety of PTSD, CPTSD,