SPRINGFIELD, Mass. (WGGB/WSHM) – A marijuana cultivator in Hatfield is suing a neighboring farm for millions, claiming they recklessly sprayed pesticides damaging their cannabis crops multiple times.
Attorney Timothy Swain is representing River Valley Growers out of Hatfield in a $17 million lawsuit against Nourse Farm in Whately.
Swain told me it all started back in 2022 following the fall harvest. When River Valley growers sent in their product for mandatory testing and it came back that their entire 47-thousand-pound marijuana crop, was tainted by pesticides that allegedly drifted over from nearby Nourse Farms, a produce grower based in Whately whose fields surround River Valley’s.
“Pesticides are not labeled for use on cannabis; therefore, they are prohibited from using them so any cannabis that comes back tainted with these pesticides must be destroyed,” Swain explained.
Swain says as a result of these pesticides the Massachusetts Department of Agricultural Resources started an investigation and found it had come from Nourse Farms. Swain said that report was immediately appealed by Nourse Farms, and that has continued for about a year and a half.
Swain added that led to the investigation being redone but MDAR came up with the same result that the pesticides came from Nourse Farms, who allegedly allowed them to illegally drift off property. And this video taken by a neighbor was also later used as proof to show the pesticides from Nourse Farms allegedly spraying onto the property of River Valley growers.
“When that happens what is essentially taking a place is that they have been applied in a manner that is not consistent with their labeling. Labeling requires things like, depending on pesticide, must be applied in conditions with no wind must be applied without being too far above ground so it can’t drift into another entity’s property like it did here.”
Swain says unfortunately in 2023 a year after the test results the Nourse Farms allegedly let pesticides drift onto the property again. Luckily, River Valley Growers was not able to grow at that time, so there were no crops there to be damaged. But it has raised concerns that it will happen again.
In the meantime, Swain tells us they are hoping to resolve and settle this issue with Nourse Farms as soon as possible, so his clients can grow again on their property. Right now, they are using their cannabis storage to hold evidence
“The most urgent thing we need to get to resolved in this case and that will be up for a judge as quickly as possible, is getting being in a position to destroy the cannabis in those freezers so we can grow again in 2025. Right now, we are under an order to destroy that cannabis but we’re also in litigation in that cannabis as well so it’s evidence in this litigation.”
We did reach out to Nourse Farms and they told us they have no comment at this time.
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A marijuana cultivator in Hatfield is suing a neighboring farm for millions, claiming they recklessly sprayed pesticides damaging their cannabis crops multiple times. Read More
