MCMINVILLE, Ore. (AP) – Two Oregon wine grape growers have failed to convince a state judge their grapes would be harmed by the scent from a nearby marijuana operation.

The Capital Press reports Yamhill County Circuit Court Judge Cynthia Easterday ruled that Smera Vineyard and Maysara Winery haven’t met their burden of proof to justify blocking the Wagner family from growing and processing the crop.

Easterday said she deliberated since the February trial. Easterday says it was a difficult decision, and while the potential for the smell of marijuana to taint wine grapes raises a threat, a risk, and concerns, there is insufficient proof at this time by a preponderance of the evidence that it will damage plaintiffs’ agricultural products.

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