The parents of a 16-year-old boy that drowned in a hot tub after smoking a synthetic form a marijuana, have filed a wrongful death lawsuit against the manufacturer/distributor that sold the drug to a convenience store, as reported by the Atlanta Journal-Constitution and others.
The case of the Fayette County youth's death is believed to be the first that names a manufacturer or distributor of "Mojo Diamond Extreme 100X Potpourri" as a responsible party. The drug, often referred to as K2 or Spice, was found next to the hot tub on March 4, the day that C.B. was found.
Kristofer R. Schleicher is the attorney representing C.B.'s parents, D.B. and Y.B.
A statement released by Schleicher on behalf of D.B. and Y.B. read, "Everyone who has played a part in this and many other tragedies should be held responsible — the drug dealers who import deadly chemicals and spray them on herbs, the distributors who place them in convenience stores, the managers and owners of the stores who sell these drugs to minors, and the national chains and franchisers who until recently allowed these drugs to be sold in their franchises. It has been all about the money."
P.P., 25, has been named, or an unnamed associate that works for him, in the lawsuit. P.P.'s two companies, Lunar Labs or WG Distribution, sold the drug to the convenience story in Peachtree City where C.B. picked it up.
According to Schleicher, P.P., with a December 2008 record of heroin possession, is now a "well-known manufacturer and distributor" who "previously made and sold bath salts, another deadly synthetic drug."
Attorney Andrew Koplan is representing P.P. in the matter. Koplan, in claiming that P.P. has "absolutely no connection" to the product in question said, "I don't understand why my client was sued. They've sued the wrong person."
Koplan further claimed that his client was unaware of what Mojo Diamond Extreme 100X Potpourri was until he was notified of the lawsuit.
The material, plant-based, is sprayed with a chemical, THC, that is meant to mimic the same active ingredient in marijuana.
Governor Nathan Deal had briefly outlawed the material in April, after passing a law named after C.B.
However, chemists working for the distributors allegedly found a way around the law. They altered the material's molecular structure, and according to authorities, it got back in convenience stores.
The Georgia State Board of Pharmacy issued an emergency ruling in June that classified the new material as Scheduled I substances. The products were then seized, in accordance with the Georgia Controlled Substances Act, from all merchants.
The Act does no allow for arrests or criminal prosecution of the distributors or retailers.
C.B.'s parents, in seeking change, said, "The family is working with legislators and law enforcement to develop additional state and federal legislation that will stop the sale of dangerous synthetic marijuana."
A lawsuit can not only bring about a monetary award, but can also help create new laws and force change. Protect others from a wrongful death when you contact a personal injury lawyer to begin working on your case.