Colorado Marijuana Pesticide Lawsuit Dismissed

A lawsuit that could have turned into a landmark marijuana legal case has been tossed by a district court judge in Colorado.

Cannabis retail chain LivWell Enlightened Health was sued last October by a pair of former customers who alleged that the company used controversial pesticides – including Eagle 20 – during the cultivation process.

But this past week, Denver District Court Judge Eric Eliff dismissed the suit after ruling that the two plaintiffs had failed to demonstrate any “cognizable injury.”

“Plaintiffs sole state injury is that they overpaid for (LivWell’s) product,” Eliff wrote in his ruling. “There are no allegations that the product did not perform as it was supposed to… Nor are there any allegations that Plaintiffs suffered physical or emotional injury.”

Attorney Dean Heizer, counsel for LivWell, called the suit, “nothing but an improper and abusive attempt to injure our business,” and said the company is considering a counter-suit for attorney’s fees, costs and abuse of process.

LivWell owner John Lord said in the same release that he believes the driving forces behind the lawsuit “do not want the commercial cannabis industry to succeed and will try anything to bring down the industry.”

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2 comments on “Colorado Marijuana Pesticide Lawsuit Dismissed
  1. David R on

    The use of Eagle20 (myclobutanil) and similar toxic chemicals in cannabis production is one of the dirty little secrets of the business. The reason myclobutanil is used is that it very effectively prevents powdery mildew from developing, beginning in clones. (I remember reading an amusing craigslist clone add stating that all the vendor’s clones were treated with Eagle20 and about three other similar products “for a healthy start.”) As with every industry’s unseemly practices, market forces drive the use of such chemicals: unchecked pm can ruin a crop and put the grower out of business. More natural methods of control are less effective, so… Consider also the use of plant growth inhibitors. The market likes firm, chunky buds, which leads to another business decision.

  2. pam on

    It’s too easy to grow a weed without adding fertilizers or needing pesticides. pretty much, if you have to turn to their use, concede that perhaps you’re not a good grower and bow out of the industry with your honor still intact.

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