Colorado Marijuana Business Sued Over Pesticide Use

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There’s a first for everything.

LivWell, one of the largest marijuana retail and cultivation chains in Colorado, is being sued by a pair of consumers over allegations that it used controversial pesticides during its cultivation process. It appears to be the first time a marijuana producer has faced legal action over alleged use of pesticides.

The suit, which you can read here, was filed Monday in Denver District Court by Brandan Flores and Brandie Larrabee, and is seeking class-action status, according to the Denver Post. It alleges that LivWell inappropriately used Eagle 20, a common fungicide used to combat powdery mildew, on marijuana plants it grew.

A key ingredient in Eagle 20 is myclobutinal, which can then reportedly emit hydrogen cyanide gas when heated, the Post reported.

Although neither Flores nor Larrabee reported being sick after using LivWell cannabis, both contend they would not have used it if they had known it had been treated with Eagle 20. The two are seeking an unspecified amount of damages for what they contend was overpriced cannabis, since it was allegedly contaminated with Eagle 20.

LivWell in the past has acknowledged that it formerly used pesticides, and it even had 60,000 plants quarantined temporarily by the city of Denver in April over alleged use of Eagle 20. The company told Marijuana Business Daily last month that it adopted organic growing practices even prior to the Denver quarantine.

LivWell operates 11 marijuana shops in Colorado, including both recreational and medical cannabis stores.