In $17M Suit, Cannabis Grower Claims Nearby Farm’s Pesticides Contaminated Its Crops

A Massachusetts cannabis grower is suing a neighboring berry and vegetable farm for allegedly rendering its entire cannabis harvest unusable by incorrectly spraying chemicals in a way that caused them to drift onto its cannabis crops and contaminate them.

River Valley Growers (RVG) in Hatfield claims it lost all of its 2022 cannabis harvest valued at $7 million and has not been able to grow crops since then due to the alleged negligent use of pesticides by Nourse Farms in neighboring Whately.

“This case is about the ruination of a small farm by the repeated negligence of a large, multi-state plant producer and supplier,” the complaint asserts.

RVG seeks $17 million in damages for Nourse’s alleged destruction of its 2022 harvest, lost profits from 2023 and 2024, out-of-pocket expenses, as well as permanent injunctive relief.

RVG is also seeking a declaration that allows it to comply with an order by the Massachusetts Department of Agricultural Resources (MDAR) to destroy its entire 2022 harvest without giving rise to a claim that such destruction constitutes spoliation of evidence.

In 2021, RVG, a then-newly licensed marijuana cultivator, harvested and sold approximately 22,680 pounds of marijuana. Before kicking off the 2022 cultivation season, RVG secured a production contract with a manufacturing partner, which agreed to purchase all of RVG’s product during the 2022 season up to a maximum of 60,000 pounds at a price of $150 per pound.

That year, RVG harvested approximately 47,000 pounds of marijuana, which meant it was due to receive approximately $7,052,400 for the 2022 harvest, assuming it passed state-mandated pesticide testing. RVG submitted samples of the 2022 harvest for pesticide testing, fully expecting that-like its 2021 harvest, the samples would pass because RVG never used pesticides on or around its fields and crops in compliance with Massachusetts law, which prohibits licensed marijuana cultivators from using pesticides.

To RVG’s shock, the 2022 harvest samples tested positive for multiple active ingredients found in pesticides. The state does not permit pesticides in the cultivation of cannabis. According to the complaint, an MDAR investigation concluded that Nourse, which surrounds RVG’s cultivation facility, did not act in a responsible manner in its spraying and was responsible for the contamination of RVG’s harvest. Under federal and state law, Nourse had a duty to apply Environmental Protection Agency-registered pesticides in a manner consistent with their labeling. All the pesticides that Nourse applied are labeled to prohibit their use in a manner that causes drift, MDAR found.

Nourse appealed, prompting MDAR to investigate further. Thereafter, MDAR confirmed its original findings. According to the complaint, RVG also has video evidence taken by another farmer of Nourse applying pesticides and watching them float over the property line.

MDAR ordered RVG to “destruct and render unusable all of its cannabis grown during the 2022 season.” However, the investigations and subsequent appeals lasted from November 2022 through August 2024, during which period RVG was forced to maintain the 2022 harvest in its fresh-frozen state. This monopolized the only freezer space available on its premises.

With nowhere to store a subsequent harvest and no way to expand, RVG says it was prevented from growing and harvesting marijuana in a legally compliant manner during the 2023 and 2025 seasons. RVG believes it is now at risk of not being able to cultivate during the 2025 growing season either, unless the court issues a declaratory judgment permitting RVG to comply with MDAR’s order to destroy the 2022 harvest without committing spoliation of evidence.

RVG maintains that its inability to cultivate marijuana in 2025 “would likely strike a fatal blow” to what remains of the company.

The complaint was filed February 11 in Suffolk Superior Court. Nourse Farms has not yet answered.

Topics Lawsuits Claims Agribusiness Cannabis