Breach of Contract? Criminal versus Civil Action?

[Joedumass]

What is the name of your state (only U.S. law)? Oregon

Okay I have gotten myself into a mess and have no idea on how to proceed. Brief synopsis: I am a disabled person that uses medical marijuana legally as an OMMP cardholder in the state of Oregon. I entered into a verbal contract with another OMMP cardholder to use a portion of his garden space. The details were rather simple- I would receive access to his garden area to grow 18 plants (6 for me and I am a grower for 2 other patients that are in worse shape than me), and in exchange I would help clear said area of the briars and dead trees/prepare ground for both his grow and mine and help the person get a boat motor running. I began clearing briars and when weather was not permitting we both would work on the boat. I had a total of 7 days working on the boat and 12 days clearing land and preparing land for growing. I also purchased over 300 dollars in grow supplies, acquired plants, and had brought tools to the site for both land prep and tools to work on the boat with.

Well on May 18, we had all the ground cleared and 1/2 of the required land prepped with the grow supplies. The boat project had stalled due to a lack of money for parts to continue the repairs. I left late in the afternoon after a minor- or so I thought- conflict over the way the plants had been transplanted. Saturday the 19th I arrive to a locked gate and the man standing on the other telling me we are through and to never return. I said ok- I need all my tools and supplies and plants back first. He refused me entry. I called the local sheriiffs office and the deputy dispatched would not arrest the man on theft, despite the fact I had a bill of sale for all the grow supplies, and no where in our oral contact was it expressed that I would pay for his plants and supplies.

So now he has plants, supplies, and my personal hand tools for engine repair. I am out 1000's of dollars in time and materials and tools and medicine. How can I resolve this in the quickest manner possible? Why would the sheriff NOT arrest the man for at least theft II/III? Thanks, Joe (feeling very much like a Dumass)

 

[Zigner]

This is a civil matter. The police didn't get involved because it is a civil matter. Sue the bad guy for the value of what you are out.

 

[CdwJava]

So now he has plants, supplies, and my personal hand tools for engine repair. I am out 1000's of dollars in time and materials and tools and medicine. How can I resolve this in the quickest manner possible? Why would the sheriff NOT arrest the man for at least theft II/III? Thanks, Joe (feeling very much like a Dumass)

The reason the sheriff's office will not get involved is that this is apparently a civil matter, as Zigner has stated. This other person dd not break into your home and steal these items, you allowed them to be where they were and had an arrangement as to how they would be used. Your associate allegedly violated the agreement. Contract violations are a matter for a civil court. The problem you might have is that there are no written contracts.

Now, his holding on to items that were yours BEFORE the deal, that MAY be an issue that the sheriff could get involved with. At least they could in CA. So, if you brought your own tools to the site to use in the project, he could not generally hold onto them without permission as that could be (at least in my state) be considered theft. Proving, however, that the tools are yours might be a little more difficult.

The easiest way to address this might be to make amicable contact with the other party and ask to retrieve at least that property that was yours prior to the arrangement, and then take him to civil court for the remainder of any losses.

 

[Joedumass]

The easiest way to address this might be to make amicable contact with the other party and ask to retrieve at least that property that was yours prior to the arrangement, and then take him to civil court for the remainder of any losses.

Amicable contact is not possible. And I need those materials and supplies ASAP to try and salvage any chance to have medicine of my own this year. I have invested virtually every penny I had to get this project going. I dont even have the fees needed to file case in small claims. Well off to sell blood or what ever I can to get filing costs. Joe- now truly feeling like a Dumass!

 

[Zigner]

Amicable contact is not possible. And I need those materials and supplies ASAP to try and salvage any chance to have medicine of my own this year. I have invested virtually every penny I had to get this project going. I dont even have the fees needed to file case in small claims. Well off to sell blood or what ever I can to get filing costs. Joe- now truly feeling like a Dumass!

You invested in this? As a business venture?

 

[CdwJava]

It would seem a poor business venture since, if memory serves, marijuana cannot be sold from the caregiver grows.

Of course, no one intended to make any money at this, right?

 

[Joedumass]

You invested in this? As a business venture?

Bussiness as in done for a profit? No, but it does take a plan similar to that if one is to have top quality meds. I have over 35 years of experience in growing and I take each season on as a full time farmer would. So for me the money I expend on a crop is an investment in the meds I will have for the folllowing year. Does that clarify enough? Joe

EDIT: Please note- Most OMMP cardholders are poor/low-no income folks. $300 dollars to me is like 30k for most folk. We live in basic poverty in most cases.

 

[Zigner]

Bussiness as in done for a profit? No, but it does take a plan similar to that if one is to have top quality meds. I have over 35 years of experience in growing and I take each season on as a full time farmer would. So for me the money I expend on a crop is an investment in the meds I will have for the folllowing year. Does that clarify enough? Joe

EDIT: Please note- Most OMMP cardholders are poor/low-no income folks. $300 dollars to me is like 30k for most folk. We live basis poverty in most cases.

Yes it does - generally an investment is intended to make money. Thanks for clarifying

 

[tranquility]

Since medical quality marijuana is expensive to grow, there can still be a substantial investment even when there is no profit motive. Although a large part of the cost is with lights and electricity (not relevant in this situation), there are some other costs as well. Since the rules seem fairly restrictive (http://public.health.oregon.gov/DiseasesConditions/ChronicDisease/MedicalMarijuanaProgram/Pages/facts.aspx), perhaps we can save the for times other than to express personal prejudice.

Info edit:
HOWEVER, that being said, the OP has a problem.

I am out 1000's of dollars in time and materials and tools and medicine.

is partially prohibited:

16. A grower may be reimbursed for the cost of supplies and utilities associated with the production of medical marijuana; the Act does not allow reimbursement for labor or any other costs.

That would limit the liability of the other party is a lawsuit is initiated.

 

[Joedumass]

Since medical quality marijuana is expensive to grow, there can still be a substantial investment even when there is no profit motive. Although a large part of the cost is with lights and electricity (not relevant in this situation), there are some other costs as well. Since the rules seem fairly restrictive (http://public.health.oregon.gov/DiseasesConditions/ChronicDisease/MedicalMarijuanaProgram/Pages/facts.aspx), perhaps we can save the for times other than to express personal prejudice.

Info edit:
HOWEVER, that being said, the OP has a problem.
is partially prohibited:

That would limit the liability of the other party is a lawsuit is initiated.

So as stated above- As I have been told by an attorney for Oregon Norml, this is applied to the part of seeking costs in exchange for meds. So this part of the law has no application to my problem as I see it. Since this isnt done as an exchange for meds- it was for the access to property TO GROW ON- my emphasis added. Joe

 

[tranquility]

Because of the bias against medical marijuana, it would be profitable to separate the grow operation from the boat repair and/or the field usage. However, I don't see how you can. While I don't know much about the MM law in Oregon, I do know a bit about tax accounting. Once you start taking things apart, the tax problems multiply. For instance, say you were able to take the different issues apart and win a lawsuit. Will you take in the income you receive and pay taxes (including SE taxes) on the fair market value of your services? Did you properly give the owner of the land a 1099 for the bartering income he received? Many more. Before relying on the attorney's advice, you might ask him if he looked at it from a tax perspective as well.

 

[You Are Guilty]

To address one slightly easier problem you have:

Application for waiver or deferral of fees or court costs

Upon request of a party, a court administrator shall provide a party with an application for waiver or deferral of fees or court costs. The form of the application must be consistent with the standards prescribed by the Chief Justice of the Supreme Court under ORS 21.682 (Authority to waive or defer fees and court costs) (4). The application must contain a notice that the court may enter judgment against the applicant for any deferred fees or court costs. A fee may not be charged for providing the application or for the filing of an application. [2007 c.493 §3]

and

Authority to waive or defer fees and court costs

(1) A judge may waive or defer all or part of the fees and court costs payable to the court by a party in a civil action or proceeding, including sheriffs fees under ORS 21.300 (Sheriff and process server fees) (1)(a), if the judge finds that the party is unable to pay all or any part of the fees and costs. Waiver or deferral under this section of the fees or court costs of an inmate, as defined in ORS 30.642 (Definitions for ORS 30.642 to 30.650), is subject to ORS 30.642 (Definitions for ORS 30.642 to 30.650) to 30.650 (Award of noneconomic damages in inmate action).

(2) A presiding judge may delegate authority to waive or defer fees and court costs under this section to the court administrator for the court in which the judge serves. A delegation of authority under this subsection must be in writing and must be subject to clear standards. If a delegation is made under this subsection, an applicant may seek review of the court administrators decision by a judge. If an applicant requests review of a court administrators decision, the court administrator shall forward the application for waiver or deferral of the fees or court costs to the appropriate judge.

(3) A court may not delay or refuse to enter an order or judgment in an action or proceeding because deferred fees and court costs have not been paid.

(4) The Chief Justice of the Supreme Court by order may provide standards and practices for waiver or deferral of fees or court costs under ORS 21.680 (Definitions for ORS 21.680 to 21.698) to 21.698 (Confidentiality of information related to waiver or deferral).

So ask the clerk for a fee waiver application next time you are down at the courthouse.

 

[Joedumass]

Because of the bias against medical marijuana, it would be profitable to separate the grow operation from the boat repair and/or the field usage. However, I don't see how you can. While I don't know much about the MM law in Oregon, I do know a bit about tax accounting. Once you start taking things apart, the tax problems multiply. For instance, say you were able to take the different issues apart and win a lawsuit. Will you take in the income you receive and pay taxes (including SE taxes) on the fair market value of your services? Did you properly give the owner of the land a 1099 for the bartering income he received? Many more. Before relying on the attorney's advice, you might ask him if he looked at it from a tax perspective as well.

I appreciate the look from a different perspective. As to trying to separate the different issues from the grow part- it is all part and parcel. So I will leave it to an arbitrator or judge to make the proper decision. The courts in Oregon are seeing more tort law issues from the growing part of Medical Marijuana, and the courts seem to be able to fairly differentiate from the decisions I have researched. And to the other poster (you are guilty) thanks for the input on the waiver of fees. Joe