Pubdate: Sat, 13 Feb 2016
Source: Denver Post (CO)
Copyright: 2016 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Authors: David Migoya and Ricardo Baca

JUDGE THROWS OUT POT LAWSUIT

A Denver judge Thursday dismissed a lawsuit against the state's 
largest marijuana grower over its alleged use of pesticides saying 
the consumers behind the case were not actually harmed.

Denver District Judge J. Eric Eliff said the consumers - one of them 
a medical-card holder with a brain tumor-couldn't sue because they 
bought the pot and used it without repercussion.

Brandan Flores and Brandie Larrabee alleged LivWell had 
inappropriately used Eagle 20, a heavy-hitting pesticide with 
myclobutanil that kills a variety of pests endangering the plants, 
and had overpaid for the marijuana.

Myclobutanil is not among the pesticides - which broadly includes 
products ranging from fungicides to herbicides- approved for use on 
marijuana had known it was treated with Eagle 20.

The lawsuit said the fungicide, when heated, breaks down to 
"poisonous hydrogen cyanide" and alleges that consumers who smoke 
marijuana treated with Eagle 20 ingest the gas.

LivWell owner John Lord said the lawsuit was "a public relations ploy 
intended to smear our name."

"The people behind this case do not want the commercial cannabis 
industry to succeed and will try anything to bring down the 
industry," Lord said in a statement.
- ---
MAP posted-by: Jay Bergstrom