The lawsuit was brought by Brandan Flores of Denver and Brandie Larrabee of Grand Junction, Colorado. The two are seeking class-action status and claim that for years, LivWell has used a pesticide called Eagle20, that contains myclobutanil, a dangerous chemical, reports The Cannabist.
Eagle 20 is a petroleum-based fungicide used on hops and fruit trees, but not on tobacco plants because it releases hydrogen cyanide, a toxic gas when burned. The lawsuit comes at a time when reports about the use of heavy-hitting pesticides by marijuana growers has hit the news.
Eagle 20 and other pesticides are being used to combat spider mites and powdery mildew. For security reasons, most marijuana is grown indoors year-round, so the growing part of production has received very little public attention. Earlier this year, Denver authorities quarantined over 100,000 marijuana plants from 11 growing facilities over pesticide concerns. So it has become a big deal.
And the situation is going to get tougher. Last week, Denver health officials announced they were quarantining hundreds more marijuana plants and inspecting labels for pesticides not approved for use on cannabis. They want marijuana grown using unapproved pesticides off the market and either destroyed or returned to the grower.
Colorado and the EPA
New state rules require that all marijuana products be labeled describing all pesticides, contaminants, fungicides and herbicides used during any part of the production process, and they mean from the seed packet to the finished product.
Colorado was unaware the EPA did not have an approved listing of pesticides for the indoor growth of marijuana when they approved the sale of recreational pot on January 1, 2014. After all, the feds still consider marijuana illegal. This left Colorado with having to use the Colorado Department of Agriculture to enforce the Pesticide Applicators’ Act.
Of course, the state Department of Agriculture used the EPA’s listings, so they had to go to the growers to make up a list of approved pesticides. That list only came to light after Denver officials stepped into the mix. The end result of this faux pas by the state is the lawsuit against LivWell, and a pause by other states that were wanting to push through legislation to allow the sale of recreational marijuana.