The 40mg Meltdown: A Legal Saga

Some stories make you question whether common sense is an endangered species. According to reports from OregonLive.com, Skye Fitzgerald, a self-proclaimed cannabis novice, is suing Arcanna, a Portland cannabis shop, for a cool $10,000, alleging that their advice on a THC syrup dosage turned his chill night at home into a full-blown ER visit.

Fitzgerald claims he followed the “capful” recommendation from a budtender, taking what amounted to 40 milligrams of THC. That’s four times the suggested serving size for edibles in Oregon and enough to give even seasoned stoners a night of introspection. His resulting symptoms included nausea, vomiting, and an inability to walk—essentially, the classic “I overdid it” rookie experience. But instead of learning from the ordeal, Fitzgerald decided someone else must be to blame.

The lawsuit paints Fitzgerald as a victim of bad advice, claiming the Arcanna employee neglected to warn him of the dangers of downing a potent dose of THC syrup. The store, however, has a different story. Managing director Kris Snyder clarified that the budtender actually recommended “a few drops” and emphasized that THC tolerance varies wildly between individuals. Snyder compared the situation to asking a bartender how much alcohol it takes to get drunk—a valid analogy for those who believe in personal accountability.

THC products in Oregon are labeled with clear dosage information for those unfamiliar. Edibles are capped at 10 mg per serving, but tinctures and concentrates, like the syrup Fitzgerald bought, aren’t subject to the same serving size limits. States like Washington and British Columbia recommend starting with much smaller doses—5 mg or even 2.5 mg—for newbies. Fitzgerald’s 40 mg teaspoon was an Olympic leap past those recommendations.

Yet, the lawsuit doesn’t target the syrup’s manufacturer, leaving Arcanna holding the proverbial bag. The shop has since pulled the product from its shelves, though it maintains it did nothing wrong.

Fitzgerald, a documentary filmmaker and two-time Academy Award nominee, has turned what might have been a cautionary tale into a legal melodrama. His symptoms, diagnosed as “THC overdose” by his doctors, included everything from muscle spasms to hypokalemia—a fancy way of saying he needed more potassium.

At its core, this lawsuit underscores a troubling trend: the refusal to take responsibility for personal choices. Cannabis novices are constantly told to “start low and go slow,” a mantra repeated by every state’s cannabis guidelines and every budtender worth their salt. Fitzgerald claims he followed the advice, but his experience highlights the importance of individual discretion—because not every recommendation, whether it’s for a capful or a cocktail, fits everyone’s tolerance.

The real tragedy here isn’t that he got too high; it’s that a grown man thought a lawsuit was the logical next step. If Fitzgerald’s story teaches us anything, it’s this: Know your limits, read the label, and, for the love of Bob Marley, don’t take a teaspoon of THC syrup unless you’re ready to vibe with your ceiling for a while.

RIP Common Sense: 2025 Edition.