Two marijuana users in Colorado filed a lawsuit this past Monday against a marijuana business they claimed used an unhealthy pesticide to cultivate their marijuana— a case that lawyers say is the first product liability claim in the nation having to do with the legal marijuana industry.

The case underscores debates over what chemicals should be allowed in the growing process of cannabis and leaves the plaintiffs dealing with a dilemma: The U.S. government still regards almost all cannabis as an illegal drug and there are no federal safety guidelines for cultivating it.

The state of Colorado has approved a list of pesticides that are acceptable to use when cultivating marijuana, but it’s far from beg finished and leaves out several pesticides that are typically  used on both food and tobacco.

The lawsuit filed in state court targets use of a fungicide called Eagle 20 EW by a Denver-based marijuana company called LivWell, where law officials quarantined thousands of crops earlier this year, saying they had been treated with the pesticide.

Eagle 20 EW is more known to be used on grapes and hops but can become harmful when heated and is banned for use on tobacco. No investigative study exists on whether the fungicide is safe to use on marijuana that will be digested.

LivWell insists its products are safe, and law officials released the company’s confiscated plants after they tested at acceptable levels.

However, the plaintiffs insist that LivWell should face the consequences for using a chemical not listed by the state as acceptable for use on marijuana.

“The case is all about making sure that the cannabis industry is safe for consumers,” said Steven Woodrow, an attorney for the plaintiffs.

LivWell lawyer Dean Heizer stated the nine-shop chain no longer uses Eagle 20 EW and added that no consumer illnesses have been linked to pot pesticides in Colorado or any other state.

“We have no reason to believe our product is not perfectly safe,” he said.

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