Marijuana Pesticide Flap Draws Product Liability Suit in Colorado

Two marijuana users in Colorado filed a lawsuit earlier this month against a pot business they said used an unhealthy pesticide to grow their weed — a case that lawyers say is the first product liability claim in the nation involving the legal marijuana industry.

The case underscores disagreement over what chemicals should be allowed in the cultivation of pot and leaves the plaintiffs facing a dilemma: The U.S. government still regards almost all marijuana as an illicit drug and there are no federal safety guidelines for growing it.

Colorado has approved a list of pesticides that are acceptable to grow pot, but it’s far from complete and leaves out several pesticides commonly used on both food and tobacco.

The lawsuit filed in state court targets use of a fungicide called Eagle 20 EW by a Denver-based pot company called LivWell, where authorities quarantined thousands of plants earlier this year, saying they had been treated with the pesticide. Eagle 20 EW is commonly used on grapes and hops but can become dangerous when heated and is banned for use on tobacco.

LivWell insists its products are safe, and authorities released the company’s confiscated plants after they tested at acceptable levels.

Still, the plaintiffs insist that LivWell should be punished for using a chemical not listed by the state as acceptable for use on pot.

Colorado is one of four states that have legalized the sale of recreational marijuana. Oregon and Washington state also allow such sales. Alaska could see retail purchases next year.

The U.S. Environmental Protection Agency told Colorado and Washington authorities in June that they could apply to have some cannabis-related chemicals approved through a special process, which could take years.