Recreational marijuana industry faces flagship wrongful death lawsuit

Two marijuana companies are being sued over the death of a woman in Denver in what appears to be the first wrongful death lawsuit to hit the burgeoning recreational marijuana industry.
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Pavel Chernobrivets

Denver woman Kristine Kirk was shot and killed by her husband in 2014 after he ate marijuana-laced sweets and reportedly started hallucinating. Now, Ms Kirk’s parents have filed a lawsuit against two legal marijuana businesses – the producers of the marijuana edible and the store that sold the product to Mr Kirk – on behalf of her three children. ‘While nothing will bring their parents back, this lawsuit will seek justice and change in an edible industry that is growing so fast it failed these young kids,’ said a statement from the family’s attorneys, Greg Gold and David Olivas.

Failure to warn

Specifically, the wrongful death lawsuit claims that the two companies ‘negligently, recklessly and purposefully’ failed to warn Mr Kirk about the strength, dosage and possible side effects of consuming the marijuana candy product which allegedly induced his hallucinations. However, product manufacturer Gaia Garden has hit back at the suggestion that the recreational marijuana industry is to blame for the death, or that it should be held to higher standards than other legal recreational drugs. ‘We will vigorously defend ourselves against this attempt to shift responsibility away from the murderer and to a substance that is less harmful than alcohol and does not lead to violence,’ commented Gaia Garden attorney Sean McAllister.

Sources: CBS News; The Denver Post

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