1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Marijuana Use Leads to Murder, Failure to Warn Lawsuit Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by Michael Wechsler, May 11, 2016.

Tags:
  1. Michael Wechsler

    Michael Wechsler Law Topic Starter Administrator Staff Member

    Messages:
    9,171
    Likes Received:
    622
    Trophy Points:
    113

    Jurisdiction:
    Colorado
    Here is an interesting case involving a criminal suspect who murdered his wife while under the influence of marijuana. His in-laws sued the manufacturer and seller of the marijuana candy claiming that the manufacturer and seller of the marijuana candy failed their duty to warn about the psychotic and adverse effects of marijuana consumption.

    It raises an interesting question. Advocates for marijuana usage claim that cannabis is a peaceful drug and has primarily beneficial purposes and very few adverse effects. At the same time this lawsuit alleges that hallucinations can lead to psychotic behavior which is harmful to others. I have another article tomorrow which will discuss a recent study on the allegedly inherent unreliability of THC presence as a level of impairment. The marijuana industry is growing up and we'll probably see many cases that will begin to shape how marijuana will be treated in society and by the law.
     
  2. d1amund

    d1amund Member

    Messages:
    114
    Likes Received:
    16
    Trophy Points:
    18
    Very interesting indeed Michael; thanks for sharing. I linked to your article in another forum I frequent where people are discussing the new medical marijuana craze here in Vegas.
     
    Michael Wechsler likes this.
  3. army judge

    army judge Super Moderator

    Messages:
    33,278
    Likes Received:
    5,327
    Trophy Points:
    113

    Great article, and another of my pet peeves, medical marijuana.
    I'm looking forward to your follow up.
    A relative is a physician specializing in psychiatry formerly serving as Deputy Director for Demand Reduction at the Office of National Drug Control Policy in a previous presidential administration.
    We've discussed this trend towards decriminalizing marijuana and I've come to agree that we'll rue the day it's decriminalization began.
    Colorado is having some second and third thoughts.
    Marijauna may not be as bad as some say, buts it certainly not the panacea others tout it to be.

    On a similar note, this latest trend shocked me.

    Opioid Addicts Are Using Imodium to Get High

    News Releases

    Just when you thought things had reached their apex....
     
    Michael Wechsler likes this.
  4. Michael Wechsler

    Michael Wechsler Law Topic Starter Administrator Staff Member

    Messages:
    9,171
    Likes Received:
    622
    Trophy Points:
    113

    Thanks much! Tomorrow's article should be fun - was very interesting reading about new information surrounding THC limits and testing. Reliable information is still in an emerging state and it's clear that the law will be adapting quickly. Didn't realize that Vegas is that attuned to cannabis - but I am not surprised at all, especially given it's proximity. And it's nowhere near as conservative as the northeast!

    Thank you as well! I've given marijuana some serious thought and compare its decriminalization and similarities and differences with alcohol. Every one of these substances comes with its own set of problems. Questions I've asked are (a) whether there are addictions that will be difficult to control and of more serious cause for concern; and (b) whether the law will be impacting enough to ensure that use is reasonably safe with regard to self and others.

    Assuming that marijuana isn't as addictive as other substances, I am concerned about the latter. There are two issues and both revolve around your fantastic phrase that I'm going to borrow, lol - "the panacea others tout it to be." While I am aware of plenty of responsible tokers, hanging around here makes you realize how many are deluded into thinking that marijuana only has beneficial effects and, if they need it to relieve a medical symptom, the world should accommodate them - e.g. driving after smoking / toking. Ironic as it may be, alcohol is probably a more devastating substance and that isn't illegal. But at least people are under no illusion that drinking makes you a better driver. I don't know if criminalizing helps solve that issue or it's better to have more stringent impairment laws, putting the complete responsibility upon the person using marijuana to make absolutely sure that they aren't impaired. Erring on the side of caution - even with THC limits which may indicate non-impairment - may not be such a bad idea so long as it means people can smoke at their leisure but the public safety is prioritized.

    There is also the other issue that nobody talks about - the long term health problems. Cigarette smoking has proved to be devastating. It is still too early to make any firm conclusions about cannabis but the NIH has stated that long term effects of cannabis use include:
    • difficulty with thinking and problem-solving (lowered IQ)
    • temporary hallucinations and paranoia which can lead to long term mental health problems
    • impaired memory
    • altered senses (for example, seeing brighter colors)
    • altered sense of time
    • changes in mood
    • impaired body movement
    Our health care system will obviously be required to help deal with the costs associated with the repercussions of cannabis abuse. Other than for medical purposes where the drug can be used as a cure or as a pain killer, isn't marijuana the same as every other recreational activity which provides no tangible benefit other than enjoyment, e.g. soda? I can't say for sure as I'm not a smoker. But none of my friends who are occasional marijuana smokers claim any benefits other than enjoying a relaxed state of mind.

    We live in a very interesting time.
     
  5. KatDini

    KatDini Well-Known Member

    Messages:
    1,255
    Likes Received:
    288
    Trophy Points:
    83
    I discount the 'reports' that say "marijuana use can cause psychosis", because many of those reports/studies don't say how many of these people are actually developing/prone to psychiatric disorders and are self-medicating; many (if not most) first psychotic breaks/manic episodes happen when the person with the disorder is in their mid-20s.

    As far as the guy who murdered his wife and blamed the edibles? No, not believing it.
     
  6. army judge

    army judge Super Moderator

    Messages:
    33,278
    Likes Received:
    5,327
    Trophy Points:
    113

    That's what we used to call a "creative defense" ala the "Twinkies and sugar made me kill", or the recent "affluenza excuse" for the inebriated teen driver who killed two people and fled to Mexico with his enabler mom!
     
  7. C-Note

    C-Note Member

    Messages:
    39
    Likes Received:
    3
    Trophy Points:
    8
    Personally, I've had enough experience with marijuana in the '70's to know that in many instances, one under the influence can become fixated on one thing and totally neglect another, which in some cases, can put them in harms way! So, I definitely wouldn't classify it as a drug that wouldn't have the potential to be dangerous!
     
  8. Disabled Vet

    Disabled Vet Active Member

    Messages:
    824
    Likes Received:
    244
    Trophy Points:
    43
    My son has finished his college degree this past week end. With a BS in neuroscience... we were just talking about his last night while grilling out. He said it's not the THC that hurts people. It's the Cannabidiol ( I think that is it) He told me that this cannabidiol will effect someone mind really good or bad. He also stated he had called a family friend while in school about the use of cannabidiols to help control their daughters seizures. To little of this cannabidiol and nothing.... to much and the brain could shut down.... I don't know details... just trying to remember what we had talked about. I guess if a person get a hold of some powerful stuff they could get stupid.
     

Share This Page