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Denver Judge Tosses Cannabis Consumer Pesticide 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 by the Colorado Department of Agriculture.

Plaintiffs' attorneys likened the case to someone purchasing a home with an undisclosed defect, learning later the value of the property was diminished as a result.

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