Class action suit announced over allegedly drugged chocolate bar samples at Denver County Fair

DENVER - An attorney has announced a class action lawsuit against a company accused of giving people samples of a marijuana-laced chocolate at the Denver County Fair's "Pot Pavilion," which was ironically supposed to be drug-free.

Denver County Fair spokeswoman Dana Cain said the fair was investigating at least three separate cases of attendees reporting they were drugged after eating a Full Melt Chocolate bar. She said at least two of those people went to the hospital after they became dizzy, sick and confused.  They tested positive for THC.

Boulder-based attorney Corey T. Zurbuch emailed 7NEWS a copy of the lawsuit, which he said was filed Thursday in the name of Longmont resident Jordan Coombs. It names as the defendant Beyond Broadway LLC, which does business as Full Melt Chocolate and LivWell.

"This civil action is for personal injuries arising from the defendants' negligent distribution of marijuana-infused chocolate bars under the guise that they contained no Tetrahydrocannabinol (THC), the principal psychoactive constituent (or cannabinoid) of the cannabis plant," the lawsuit states.

Like Richard Jones, who told 7NEWS he was drugged by the same chocolate while visiting the pavilion, Coombs said he ate the chocolate on Sunday.

The lawsuit goes on to say that Coombs began to feel "physically ill" soon after eating the chocolate and had to leave the fair. His wife was driving when Coombs "projectile vomited uncontrollably" in the car.

According to the suit, Coombs' wife drove him to Swedish Medical Center, where "physicians at the emergency room diagnosed the plaintiff as overdosing on THC."

Jones told a similar story, telling 7NEWS that an hour after eating the chocolate he became dizzy and had to sit down.

"I was sweaty. I was nauseous. I was panicking. I was afraid it was a stroke or a heart attack," Jones said.

On-site EMTs first attended to the Arvada man before calling him an ambulance. Tests at the hospital revealed Jones had more than 100 nanograms of THC in his system, or about 20 times the legal driving limit.

Zurbuch told 7NEWS that a first hearing on his class action lawsuit could be a month or more away.

"We have not served the complaint upon the defendant yet. We will do that soon. Once that happens, the company will have a few weeks to file a response and then the case will be set after that," Zurbuch said.

Zurbuch said the case was assigned number 2014CV1233129.

Under each allegation, the lawsuit calls for a judgment that is "fair and reasonable" to cover costs and for any "relief the Court deems proper."

Beyond Broadway LLC, located at 5141 Franklin Street in Denver, appears on the list of retail marijuana product manufacturers licensed by the state of Colorado.

On Tuesday, the company released the following statement about the allegations:

"We are aware that someone made a complaint to 7NEWS alleging that chocolate samples distributed at the Denver County Fair contained cannabis. If this occurred it was without our knowledge and was not sanctioned by our company. We are currently investigating the matter."

The company declined 7NEWS' request for another reply on Wednesday.

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