The sons of a woman shot to death in 2014 have filed a lawsuit against Gaiai’s Garden LLC and manufacturing company Nutritional Elements Inc. They allege the victim’s husband Richard Kirk began acting erratic and psychotic after eating an edible marijuana product in the form of a candy chew, and then proceeded to murder his wife, Kristine Kirk, while their children were in the house.
The lawsuit, filed on behalf of the three sons, holds the maker of the product responsible for not properly labeling the product, and not disclosing the candy’s potency and possible side effects, including hallucinations.
Fox News senior judicial analyst Judge Andrew Napolitano provided legal insight into the matter on Varney & Co.
“Marijuana is associated with lethargy… It’s not associated with violence. This would be a bizarre and unique argument… It would require expert testimony, someone is going to have to hire a professor of chemistry somewhere to prove this,” he said.
Prosecutors in this case say the marriage was under stress and led to the shooting.
Kirk faces one count of first-degree murder in the death of his wife.