Family Files Wrongful Death Suit Against Edibles Maker, Rec Store  

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The family of a Denver woman who was shot and killed by her husband in 2014 after he consumed cannabis-infused candy is suing the manufacturer of the edible and the store that sold it for wrongful death.

The case is possibly the first wrongful death lawsuit against the recreational cannabis industry, the Denver Post reported. At least one legal expert said it was unlikely to succeed.

The lawsuit claims that Gaia’s Garden, the company that made the edible, and Nutritional Elements, the store that sold it, “negligently, recklessly and purposefully” failed to warn Richard Kirk about the candy’s potency and side effects, including psychotic behavior.

In January 2015, Colorado regulations went into effect requiring recreational edibles to be wrapped individually or demarcated in portions of 10 milligrams of THC or less.

Sean McAllister, who represents Gaia’s Garden, said the wholesale company has always always complied with state requirements governing labeling and packaging.

The chief operating officer for Nutritional Elements, Tiffany Goldman, declined to comment.

Sam Kamin, a professor of marijuana law and policy at the University of Denver, said the suit’s chances of success were slim.

“We don’t hold liquor stores responsible and we don’t hold vodka producers responsible for drunk drivers,” Kamin told the Post.