Getting too high is not fun. The impact of consuming or inhaling large quantities of cannabis can be uncomfortable. For some, it may feel worthy of an emergency room visit. That is what happened in Portland, Ore. A novice consumer left a dispensary with a bottle of THC syrup and what he claims was some very questionable advice. Said advice led to an alleged 40 milligrams and an uncomfortable visit to the emergency room. Now, Skye Fitzgerald is suing the dispensary that served him.
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THC overdose lawsuit alleges bad advice
Fitzgerald claims in a lawsuit that he walked into the Arcanna dispensary with little to no knowledge of weed, and the budtender instructed him to follow the instructions on the THC bottle. The label apparently recommended taking a capful of the infused liquid. He said went home and took this amount, which equates to around one teaspoon, or 40 mg of THC. Most edibles dosing experts recommend beginners start with 2.5 to five milligrams of the psychoactive cannabinoid.
The lawsuit claims that the resulting overdose experience –vomiting, elevated heart rate, extreme discomfort, low potassium, shortness of breath, loss of motor function, and inability to walk– landed Fitzgerald in the emergency room.
“During his hospital stay, his care providers observed that he could not walk without assistance. His doctors diagnosed him with THC overdose,” the lawsuit reads.
Fitzgerald is demanding $10,000 in damages from the Portland dispensary. As for the syrup, some may question how a label directing consumers to swallow 40 milligrams at a time ended up on regulated dispensary shelves. The lawsuit does not name the syrup manufacturer, but the store removed the product from menus immediately following the complaint.
Dispensary denies lawsuit claims
Kris Snyder, the managing director for Arcanna, holds that the budtender only recommended the plaintiff take a few drops, not a capful.
He explained to The Oregonian that everyone has different tolerance levels, so knowing how much THC each person should have is a hefty feat. The average person rarely asks a bartender how much alcohol will get them drunk, he shared as an example.
“You don’t hear of anybody suing the bar because somebody got drunk,” Snyder explained in a statement sent to The Oregonian.
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The Oregon Liquor and Cannabis Commission (OLCC) manages state weed regulations. OLCC does not have a defined THC dose, but the rules prevent edible labels from listing a serving size over 10 milligrams. The serving size rule does not apply to tinctures, concentrates, or extracts, however.
The cannabis syrup in question was likely approved as a concentrate or tincture, not an edible, creating a loophole. Why the label would recommend such a high dosage is unclear.
