A Colorado lawsuit related to pesticide contamination of marijuana was dismissed on a technicality. At issue was cannabis that was treated with a pesticide which contains the active ingredient myclobutanil. This petroleum derivative can emit hydrogen cyanide gas when the marijuana is burned.
The LivWell suit was dismissed because of a “legal technicality:” plaintiffs lacked standing to proceed in the absence of a legally cognizable injury in fact. However, in so ruling, the court may very well have unwittingly supplied a roadmap for future lawsuits. The court’s explicit statement that plaintiffs made no allegations of physical injury suggests that such an allegation would have been sufficient to satisfy the “actual injury” requirement and would have allowed plaintiffs to proceed with their lawsuit. Thus, future plaintiffs can cure this defect merely by pleading actual injury.
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