Marijuana Grower Sued For Using Pesticides

Debra Borchardt ,
It didn’t take long before marijuana companies would be treated like any other company, and that means getting sued. On October 5, a class action lawsuit was filed on behalf of lead plaintiffs Brandan Flores and Brandie Larrabee against LivWell, a Colorado marijuana grower and owner of dispensaries. They complain that LivWell used the pesticide Eagle 20 on marijuana sold to its customers.

City officials in Denver were so concerned that on April 24 they placed a hold on approximately 60,000 plants produced by LivWell. However, after testing of the plants showed residue within acceptable limits, the Department of Environmental Health lifted the hold and allowed the plants to be sold.

DENVER, CO – JANUARY 1: Sam Walsh, a budtender, sets up marijuana products as the 3-D Denver Discrete Dispensary prepares to open for retail sales on January 1, 2014 in Denver, Colorado. Legalization of recreational marijuana sales in the state went into effect at 8am this morning. (Photo by Theo Stroomer/Getty Images)

LivWell owner John Lord said in a statement that the plants were safe following the testing. The defendents disagree. They say that Eagle 20 breaks down into a poison known as hydrogen cyanide when heated with a standard cigarette lighter. They also say that the pesticide gets absorbed into the plants and so residue testing would not be an effective test. The lawsuit claims that Eagle 20 is dangerous for humans and is not approved for use with tobacco products.

LivWell used the pesticide in January, February and March of 2015 even though the Colorado Department of Agriculture never included Eagle 20 on its list of approved substances. The marijuana company has one of the largest grow facilities in the world and along with that comes a lot of indoor farming problems. Fungus, spider mites, mildew and molds are some of the biggest problems for all indoor growers.

The lawsuit asserts that customers should have paid a lower price for the marijuana because had they known they couldn’t use a lighter then its value was reduced. They want damages for the money they overpaid. Of course, the lawyers know there are records of all the purchases and should they settle this case, then they stand to make some money. Mr. Flores only made one purchase during the time of the complaint so the amount he overpaid can’t be all that much.

The Environmental Protection Agency did send a letter to the Department of Agriculture regarding “Special Local Needs” registration for pesticides to use on cannabis plants. The letter is definitely a step in the right direction, but the EPA hasn’t created a crop category for marijuana and with the plant still federally illegal, it may not be abe to do so. The letter merely encourages the sate to do the right thing with regards to pesticides.

Some people may not feel any sympathy for a person ingesting recreational marijuana, but medical marijauna is being used by sick patients and must be clean and safe. Ms. Larabee suffers from a brain tumor, so the thought of that drug being tainted is frightening.