California Lawsuit Alleges Weed Didn't Get Plaintiffs High Enough

A cannabis company in California sold joints labeled with much higher THC content than they actually contained, violating consumer laws and angering customers who didn’t get the high they paid for, a class action lawsuit filed on Thursday alleges. 

The defendants, DreamFields Brands, Inc. and Med for America, Inc., produce and sell Jeeter prerolls, the subject of the lawsuit. Jeeter writes on packaging that its pre-rolled products average around 35 percent THC content—the active ingredient in cannabis responsible for getting people high—though that number often goes higher. A list of products in the lawsuit had an average THC content of 42.10 percent. One advertising label on the products reads, “This is the one Joint that will get you to Mars quicker than Elon Musk.” The lawsuit claims, however, that Jeeter’s actual THC levels are drastically inflated.

One product in particular, the Baby Jeeter Fire OG Diamond Infused 5-Pack Preroll, claims to have 46 percent THC content. The lawsuit said instead that independent lab testing had shown that the actual THC content was between 23-27 percent, which is a figure more in line with what cannabis products typically contain. That means the advertising was overstated by 70-100 percent, the lawsuit alleges.

“Consumers are willing to pay more for cannabis products with higher THC content, and expect to pay less for cannabis products with lower THC content,” said Christin Cho of Dovel and Luner, the law firm that filed the complaint. “The complaint alleges that by labeling its products with inflated THC numbers, defendants are overcharging consumers.”

The lawsuit explains that products with higher THC content sell for higher prices, and that makes sense—the more active ingredient there is, the more potent the product will be, and the better the high will be. But the lawsuit says that causes problems. “The demand for high-THC products has, unfortunately, led to “THC inflation”— the practice of intentionally listing false, high THC content on labels,” it says. 

The lawsuit quotes the Cannabis Industry Journal as saying, “Many labs have sacrificed their scientific integrity to chase what the clients want: higher THC potency...The practice has become so prevalent that labs openly advertise their higher potency values to gain customers without fear of recourse.”

A spokesperson for Jeeter said the allegations are false when reached for comment.

 “Let us get straight to the point,” the spokesperson wrote in an email to Motherboard. “The allegations regarding our THC levels are false. We take pride in our compliance and commitment to state mandated testing procedures, including independent, third-party testing. The product and our integrity is something we truly value as a company, and take all the proper and legal steps before our product hits the shelves.”

“We built this company with a foundation of morals, values and culture, and our love for cannabis,” they continued. “We take pride in all the jobs we have created and pushing the industry forward. However baseless and ridiculous these claims are, we take them very seriously and look forward to the truth coming to light.”

The lawsuit claims Jeeter’s mislabeled packaging violated multiple California consumer laws about false advertising, as well as regulations set by the state’s Department of Cannabis Control. The plaintiffs are seeking punitive damages, an injunction against the company, and a jury should the case go to trial.

Update: This article has been updated with comment from Jeeter.