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Wrongful death lawsuit filed in edible marijuana case

Patricia M. Jarzobski

Legal ground is being broken in a recently filed lawsuit. The wrongful death lawsuit was filed against a Colorado marijuana distributor and the manufacturer of edible marijuana by the family of a woman who was allegedly killed by her husband after he had eaten some candy containing THC, the active ingredient in pot. The wrongful death suit claims the businesses did not sufficiently warn consumers of the possible side effects once the pot was consumed.

The police report from the night of the woman's death stated her husband had consumed several pieces of candy that contained 10 milligrams of THC per serving. The 911 report indicated the woman had called, claiming that her husband was hallucinating after eating the candy and wanted her to shoot him. The operator heard a gunshot and screaming and then the line went dead.

The couple had three young boys who are now in the custody of the woman's parents and sister, who initiated the lawsuit. Because there is not much information available on possible side effects of orally consuming pot, there are questions about who may face financial responsibility in a case like this. A doctor who specializes in addiction has stated that the delayed effects of ingesting THC can be more volatile than smoking it. The attorney for the manufacturer claims the company has complied with all labeling conditions set by the state. There has been no public statement made by the distributor.

A wrongful death lawsuit is filed by surviving family members in order to seek financial accountability from the person or persons responsible for the death. The demand for monetary relief is typically commensurate with the current and future value of the deceased person's life, along with other damages allowed under Colorado law. Finding just the right professional for representation is important, as the factual and legal issues in these types of proceedings can be complicated and challenging.

Source: ABC News, "Wrongful Death Lawsuit Filed Against Maker and Distributor of Edible Marijuana", Kelly McCarthy, June 2, 2016

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