Wrongful death lawsuit filed against marijuana edible maker, retailer

DENVER -- (KDVR) -- A wrongful death lawsuit has been filed against the marijuana store and manufacturer that sold an edible to Richard Kirk, who allegedly shot and killed his wife after ingesting it.

Kristine Kirk, 44, was shot to death in her Observatory park home in April 2014.

Richard Kirk, who pleaded not guilty by reason of insanity, claims the marijuana edible, “Karma candy orange ginger” caused his “delirium and psychotic like symptoms.”

In a lawsuit filed, lawyers representing Kristine Kirk's family, claim the marijuana retailer, “Nutritional Elements,” and the manufacturer, “Gaia's Garden LLC,” recklessly failed to put “warning labels, instructions or recommendations” on the bite-size edible Richard Kirk consumed.

Greg Gold of The Gold Law firm and David Olivas of Olivas and Silverman, released a statement that said:

“Two Springs ago an epic tragedy occurred. In a flash of a moment three young boys all under the age of 12 lost their parents. While nothing can bring their parents back, this lawsuit will seek justice and change in an edible industry that is growing so fast it failed these young kids. Edibles themselves are not the evil, it is the failure to warn, the failure to properly dose, the failure to tell the consumer how to safely use edibles, that is the evil. And this lawsuit will force change and hopefully get these kids a little justice for being victimized by the rush to profit at the expense of safety.”