Law Street Media

RICO Lawsuit Filed Against Marijuana Operation in Oklahoma

A perosn in a labcoat's hands holding cannabis plants.

Woman hands in white coat and blue medical gloves holding green branch cannabis with five fingers leaves, marijuana for legalization medical oil hemp

On Tuesday,, Keith and Stephanie Grant filed a complaint in the Northern District of Oklahoma against Flying Bud Farms, LLC and numerous associated companies for growing, distributing and selling marijuana illegally on their property, which is directly adjacent to the plaintiffs.

 The Grants, according to the complaint, live on a property in rural Oklahoma next to defendant Gary Bacon Jr.’s property. In 2019, the defendant established Flying Bud Farms with co-defendant Derek Wachob “to grow marijuana for sale to dispensaries” including for their own D-Luxe Dispensary, per the complaint.

The complaint explained that the majority of the operation is approximately 50 feet from the Grant’s property line and as a result they have had to live “in the constant presence of an openly operating unlawful marijuana cultivation and distribution enterprise and a construction zone” and can no longer “enjoy” their home. This is due to the bright lights at night, loud industrial fans, alterations of the floodplain that caused flooding on the Grants’ property, helicopter noises and the strong smell of marijuana that they say have been constants in their lives. 

The plaintiffs noted that the defendants seek to “cultivate marijuana, possess marijuana, and commercially distribute marijuana for financial profit” which is a felony under federal law. The plaintiffs brought their suit under the Racketeer Influenced and Corrupt Organizations Act (RICO).

The plaintiffs also allege that the defendants illegally own the land, which they argue is owned by Bacon’s stepmother. They added that the defendants did not receive permits from the State Fire Marshall or the Creek County Floodplain Management Board for the construction of their facilities.

Thus, the plaintiffs are suing on the counts of a violation of 18 U.S.C. Sec. 1962(C) and (D), nuisance, and injury to property. The Grants are seeking injunctive relief enjoining the defendants from further unlawful racketeering activities, three times their damages caused by the racketeering activities, compensatory damages, abatement of nuisances, disgorgement, attorney’s fees and costs, and other relief.

The plaintiffs are represented by GableGotwals.

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