A man who claims to have had little to no experience with cannabis products filed a $10,000 lawsuit against a store in Portland last week, claiming that an employee gave him a dangerously high dose of THC that caused him to throw up, lose his motor function, and become unable to walk by himself.
According to Skye Fitzgerald’s lawsuit, he admitted to being a new user to a staffer at Arcanna on Northeast Fremont Street and followed the clerk’s advise to take a capful of the THC syrup the store supplied him in accordance with the guidelines on the package.
According to the lawsuit, Fitzgerald measured out what was equivalent to a teaspoon of the syrup at home and then consumed it, as directed on the bottle. According to the lawsuit, that amounted to roughly 40 milligrams of THC.
There are no recommended dosages for recreational users of THC, the chemical ingredient present in marijuana, according to the Oregon Liquor and Cannabis Commission, the state organization that oversees the sector. Administrative regulations in Oregon, however, mandate that businesses selling edible THC products disclose a serving amount of no more than 10 mg. However, tinctures, concentrates, and extracts—which may have included the syrup Fitzgerald purchased—are exempt from the state’s serving size restrictions.
Outside of Oregon, private organizations or governments go farther.In its consumer’s guide to marijuana use, Washington advises users to start with a minimal amount when taking concentrates and to start with a serving size of 5 mg or less for edibles.
Additionally, the British Columbian government released an information sheet advising new users to begin with 2.5 mg in foods or beverages. That is sixteen times less than what Fitzgerald is accused of taking in his case.
The lawsuit claims that Fitzgerald then suffered from muscle spasms, psychomotor agitation, an accelerated heart rate, severe pain, dyspnea, nausea, vomiting, hypokalemia, and muscular paresis. While he was in the hospital, his caregivers saw that he needed help walking. His physicians determined that he had overdosed on THC.
According to Kris Synder, managing director of Arcanna, the business is not at fault because it was only selling a product that had received OLCC approval, as reported by The Oregonian/OregonLive. Furthermore, according to Synder, the store’s budtender, to whom Fitzgerald turned for guidance, suggested just a few drops less than the quantity specified on the packaging.
Additionally, according to Synder, because everyone has a different tolerance level, budtenders are unable to determine how much THC customers should take.
Ultimately, it’s similar to asking the bartender how much alcohol will get you inebriated when you go to a bar. Snyder stated. No one has ever sued the pub for someone being intoxicated.
The brand of THC syrup Fitzgerald purchased is not mentioned in the lawsuit, nor is the manufacturer named as a defendant. However, Snyder claimed that after Fitzgerald complained, the business stopped carrying it.
Fitzgerald, a Clackamas County-based documentary director, has received two Academy Award nominations. Erik Wilson, a lawyer from Milwaukie, filed his claim in Multnomah County Circuit Court.
Aimee Green reports on the legal system and breaking news. You can contact her at [email protected] or @o_aimee, or 503-294-5119.
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