Can Budtenders be Sued for Overserving?

Dear Stoner: Can a dispensary or budtender be sued for overserving a customer? My aunt was sold a 100-milligram edible and a joint infused with THC oil. She barely smokes and consumed parts of both before becoming ill and extremely high. At the very least, they should be fined, or something.
Brent

Dear Brent: Was your aunt told to consume both of these products on the same night, or was she sold these products without instruction? Did the budtender have any reason to believe this was what your aunt was looking for? Without knowing anything other than your description, it’s hard to definitively blame the budtender here. They might have just been doing what they were asked by a confused customer.

Now that I’m done playing devil’s advocate, there are definitely some stupid and reckless budtenders out there. If your aunt really was egregiously or maliciously overserved at a dispensary, I recommend notifying your state cannabis licensing authority and calling the dispensary manager. You could try suing, like a man in Oregon who allegedly landed in the ER after drinking too much rosin syrup from a dispensary, but are you sure your aunt wants to keep reliving this?

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