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.
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