Man pleads insanity to killing wife after he ate marijuana sweet

A man accused of eating marijuana-infused candy he bought at a legal pot shop and then killing his wife has changed his plea to not guilty by reason of insanity.

Richard Kirk, 49, is charged with first-degree murder after his wife, Kristine, 44, was shot dead in April 2014.

His legal team have suggested that Kirk was so impaired by the weed-infused ‘Karma Kandy Orange Ginger’ that he may not have intended to kill her.

The shooting stoked concerns about the effects of the marijuana snacks, which have become popular since Denver legalised recreational marijuana stores.

Just before she was shot, Kristine Kirk told 911 dispatchers that her husband was acting more drunk than violent, crawling through a bedroom window and cutting his legs on broken glass.

Prosecutors maintain he had the sense to remember the code to a locked gun safe and press the weapon to his wife’s head.

Kirk pleaded not guilty in March. He has since recruited a new attorney, who has not responded to questions about the plea change.

It’s unclear what role marijuana would play in his defense, as substance abuse cannot be the basis for an insanity defense in Colorado, but if a defendant is considered legally ‘insane’ if he or she was so mentally ill at the time of a crime as to be incapable of telling right from wrong.

Experts will now examine Kirk’s behavior and his mental health history will also be taken into consideration.

He will be evaluated at the Colorado Mental Health Institute in Pueblo before a hearing scheduled for Dec. 17.

The couple had three young sons, who were home at the time of the killing. 

It is believed they were suffering marital and financial problems, she had recently told friends she had grown afraid of her husband because of their rocky relationship.

Kristine Kirk was covered by a $340,000 (£219,008) life insurance policy.