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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Feb. 27, 2018)
4A THE DAILY ASTORIAN • TUESDAY, FEBRUARY 27, 2018 Lawsuit: Judge will hear motions next month; trial is scheduled for May Continued from Page 1A Harper filed a complaint against Rich & Rhine, a dis- tributor of Whip-It Pre- mium butane, and manufac- turer United Brands Products Design Development and Marketing Inc., alleging they were responsible for any defects with the product. Lawyers for Rich & Rhine, United Brands, Del- phia, Harper and Sweet Relief recently filed motions for summary judgment. They claim Magley had been help- ing Oei and West make the oil, carrying bags of mari- juana and pots of hot water into the concentrates room shortly before the explosion. Magley “was not licensed to make cannabinoid extracts,” United Brands attorney George Pitcher wrote in his motion. “He was initially hired by the Astoria Trading defendants to per- form construction work at their extraction site. How- ever, he would sometimes stay at the site after hours to ‘facilitate’ the extraction process.” The marijuana proces- sor was using an “open” sys- tem with pressurized butane to dissolve the cannabinoid crystals from marijuana, in contradiction of state law requiring a closed-loop sys- tem preventing butane from escaping into the air, the law- yers argued. Because Mag- ley had been involved in what was considered a Class B fel- ony at the time of his injuries, his claims are barred, they contend. Lawyers for Sweet Relief, Delphia and Harper have filed their own motions for sum- mary judgment based on the argument that Magley was involved in felonious con- duct. A judge will hear the motions next month. A trial is scheduled for May. Since their convictions, Oei and West have both sought bankruptcy protec- tion to establish a payment plan for damages and prevent home foreclosure and prop- erty seizure. A federal judge recently ruled the state law- suit against them could move forward, albeit without a monetary award, while they seek bankruptcy protection. District Attorney Josh Marquis, who prosecuted West and Oei, has been criti- cal of the state for not inspect- ing licensed marijuana manu- facturers like Higher Level. “If I thought he had com- mitted a crime, I would have charged him with one,” Mar- quis said of Magley. “I don’t think he did.” Multnomah County Circuit Court Lawyers for the defendants in a butane hash oil lawsuit claim testimony and video foot- age proves the plaintiff, Jacob Magley, helped illegally manufacture the butane hash oil that led to an explosion that badly burned his body. Card not required in Albertsons Be the NEXT BIG Regulators: ‘We are going to be writing a lot more violations in the near future’ Continued from Page 1A Those challenges, in con- junction with the infancy of the legal marijuana market and the explosion of people inter- ested in entering the industry, appear to be prompting the Oregon Liquor Control Com- mission to ask for more fund- ing in the middle of the two- year budget cycle. The agency is asking for $2.7 million for 17 new posi- tions, including a chief infor- mation officer, and its director supports more funding tar- geted toward illegal marijuana activity. A potential amendment to a bill before the Senate Rules Committee would create grants distributed by the Ore- gon Criminal Justice Commis- sion to law enforcement activ- ity for investigations targeting illegal marijuana cultivation or distribution. Although a specific amount of funding hasn’t been decided, Steve Marks, the liquor com- mission’s director, told law- makers this week that it could be in the neighborhood of $3 million, funded by marijuana tax dollars. “I actually believe this is the singular most important thing you’ll do to help us reg- ulate marijuana in the state of Oregon,” Marks said of the proposed program. Additionally, enforcing violations in the legal mari- juana system “is going to be an intense area of growth for us,” Marks said. “We are going to be writing a lot more viola- tions in the near future.” The hires, if approved by the Legislature, will include 13 regulatory specialists and three administrative support staff. Regulatory specialists inspect and investigate mari- juana businesses for compli- ance, similar to the state’s reg- ulatory specialists for alcohol. The requested administra- tive support staff would work to process license applications and renewals. Marks also said his agency would be more transparent and provide a report to the Legisla- ture on enforcement of illegal marijuana activity before the start of the long legislative ses- sion in 2019. According to the Oregon Liquor Control Commission, consumers bought about $520 million worth of recreational marijuana in Oregon last year. Sales are expected to generate $150 million in tax revenues in the state’s two-year budget. The Capital Bureau is a collaboration between EO Media Group and Pamplin Media Group. Download the SHOP, PLAY, WIN! ® App Today! The MONOPOLY name and logo, the distinctive design of the game board, the four corner squares, the MR. MONOPOLY name and character, as well as each of the distinctive elements of the board and playing pieces are trademarks of Hasbro for its property trading game and game equipment. ©1935, 2018 Hasbro. All Rights Reserved. Licensed by Hasbro. Hasbro is not a sponsor of the promotion. NO PURCHASE NECESSARY TO PLAY OR WIN. 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