DENVER (CBS4) – Richard Kirk, the Denver man awaiting a criminal trial in the killing of his wife Kristine, claims to have been hallucinating after taking marijuana edibles and pain pills two years ago.

This week the Kirk’s three young children have filed a lawsuit against him for negligence, but the lawsuit also goes after the maker and seller of those edibles. It claims the manufacturer and the store that sold the edibles failed to properly warn of potential side effects, and that recklessness led to their mother’s death.

“What the plaintiff is saying is that a reasonable manufacturer, a reasonable seller — regardless of regulations — would have put warnings on (the products) and let consumers know the risk,” legal analyst Karen Steinhauser told CBS4.

Richard Kirk (credit: CBS)

Richard Kirk (credit: CBS)

In 2014 there were few requirements about labeling and packaging of marijuana edibles. Since then, numerous regulations have been put in place, and more are being considered.

RELATED STORIES: Marijuana Legalization Story Archive

The lawsuit says packaging and labeling failed to warn Kirk of “known side effects including hallucinations, and paranoia.”

They claim both companies should have provided basic information about proper dosing and potency, arguing that most consumer products do.

Kristine Kirk (credit: Family of Kristine Kirk)

Kristine Kirk (credit: Family of Kristine Kirk)

“The lawsuit goes on to talk about how things such as toothpaste, things such as lotion, even dog food have warnings on the label about how to use it properly,” Steinhauser said.

Kirk has pleaded not guilty but reason of insanity.

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