Cannabis

  • October 23, 2019

    IRS Bar On Pot Biz Deductions Constitutional, Tax Court Says

    A tax code provision used by the Internal Revenue Service to deny deductions for a medical marijuana company resulting in a $1.2 million tax deficiency is neither a penalty nor an unconstitutional excessive fine, the U.S. Tax Court said Wednesday.

  • October 23, 2019

    Surgeon General Warns Senate About Perils Of Legalizing Pot

    U.S. Surgeon General Jerome Adams alerted senators on Wednesday that the state-by-state legalization of marijuana has resulted in an "enormous and poorly informed national public health experiment," with young people and pregnant mothers put at particular risk by the growing acceptance of cannabis.

  • October 23, 2019

    Calif. Marijuana Delivery App Escapes TCPA Spam Text Suit

    A marijuana delivery company swatted away a class action over spam texts by invoking an arbitration clause in its user agreement, notching what the company framed as a win for all cannabis companies because it affirms their right to form contracts despite the federal prohibition of marijuana.

  • October 23, 2019

    Okla. Worker Entitled To Injury Benefits Despite Marijuana Use

    An Oklahoma appellate court reversed a decision from the state’s Workers’ Compensation Commission denying benefits to an injured factory worker because he tested positive for marijuana, saying it can’t assume the drug’s presence meant he was impaired at the time of his injury.

  • October 23, 2019

    Two Giuliani Associates Deny Campaign Finance Charges

    Two associates of President Donald Trump's lawyer Rudy Giuliani denied charges of using straw donors to funnel Russian money into U.S. elections and flouting donation limits Wednesday and were released on bail.

  • October 23, 2019

    Pot Companies Need Creativity To Protect Their Brands

    Cannabis companies realize federal legalization could change everything about the industry they know. To prepare, many of the savviest are looking for ways to protect their brands so they won't be drowned out. But for this industry, it takes some real ingenuity to build that fence. This is the fourth in a series of articles that accompany episodes of our new podcast, Law360 Explores: Legalization.

  • October 22, 2019

    Cannabis Co. Investors Sue Insurer To Block Board's Defense

    A shareholder revolt at a collapsing cannabis company has spilled into federal court in California, where a bloc of Cultivation Technologies Inc. investors is trying to prevent an insurer from defending the company's board in a derivative suit that alleges the board members secured their positions illegally and looted the company.

  • October 22, 2019

    Cinnabon Wants Its Name Off CBD, E-Liquid Products

    Cinnabon has accused a Nevada-based e-liquid maker of infringing several of its trademark registrations with Cinnabon-flavored vape products, some of which are CBD-infused.

  • October 22, 2019

    Mass. Vape Shops File Emergency Appeal To Halt Ban

    A group of Massachusetts vape shops filed an emergency petition to a state appeals court Tuesday, a day after a four-month ban on vaping products was left in place but declared legally problematic by a superior court judge, and after the state filed a motion to stay that order.

  • October 22, 2019

    California's Pot Regulation Maze Keeps Businesses On Edge

    As states open their doors to marijuana, they have to figure out the rules to govern it. Here, we look at California’s efforts to control its booming industry — and why some business owners say it is pushing them toward illegality. This is the third in a series of articles that accompany episodes of our new podcast, Law360 Explores: Legalization.

  • October 22, 2019

    FDA, FTC Issue Warning On Claims CBD Can Treat Diseases

    The U.S. Food and Drug Administration and the Federal Trade Commission on Tuesday issued a joint warning letter to a Florida company the agencies say is selling unapproved CBD products with unsubstantiated claims that they treat, among other things, autism and Alzheimer’s disease.

  • October 22, 2019

    RI Governor Sues Lawmakers Over Control Of Cannabis Regs

    Rhode Island Gov. Gina Raimondo asked a state court Tuesday to strike down as unconstitutional provisions in a recent state appropriations bill that allow legislators to effectively control marijuana and hemp policy in the Ocean State.

  • October 22, 2019

    Pot Co. Harborside Gets $11M Bill After Tax Code Fight

    A U.S. Tax Court judge has said California cannabis company Harborside Inc. owes $11 million in taxes after its battle with the Internal Revenue Service over whether it is subject to a tax code clause targeting drug dealers.

  • October 21, 2019

    Lead Counsel Field In Curaleaf Stock Suit Narrowed To 2

    The lead counsel tussle in a proposed class action against cannabis giant Curaleaf Holdings Inc. has been winnowed down to two firms, with Levi & Korsinsky LLP and Wolf Haldenstein Adler Freeman & Herz LLP edging out four other competitors for the reins in a cannabidiol labeling stock drop case.

  • October 21, 2019

    Oregon Pot Shop Will Give Up License Over Same-Day Sales

    A Portland, Oregon, marijuana dispensary has agreed to give up its license over regulators' claims the store sold customers more than the legal daily allotment of medical marijuana.

  • October 21, 2019

    Feds Keep Seizing Lawful Hemp Imports, CBD Co. Tells Court

    U.S. Customs and Border Protection will likely continue to seize lawful hemp shipped from foreign countries, a hemp importer said in a brief filed Monday in California federal court, giving renewed urgency to its proposed class action seeking an injunction against federal authorities.

  • October 21, 2019

    How A Cottage Industry Filled The Cannabis Banking Gap

    It’s no secret that many cannabis companies have had trouble getting a bank account. Here, we explain just why that is — and the lengths some businesses are going to get away from cash. This is the second in a series of articles that accompany episodes of our new podcast, Law360 Explores: Legalization.

  • October 21, 2019

    Medical Pot Co. Worker Sues For Retaliation, Discrimination

    A former employee at an Illinois-based medical marijuana company claims he experienced racial discrimination and was fired after complaining about illegal marijuana deliveries to military bases, according to a lawsuit filed Monday in Maryland federal court.

  • October 21, 2019

    Mass. Ban On Vaping Product Sales Will Stand

    A Massachusetts Superior Court judge on Monday allowed Gov. Charlie Baker’s four-month ban on the sale of vaping products to remain in place, as long as the state addresses specific legal requirements spelled out by the judge.

  • October 20, 2019

    Turning Over A New Leaf: The Push To Nix Old Pot Convictions

    Past marijuana convictions keep thousands from getting certain jobs, housing and loans, even where it's now legal. But increasingly vocal activists, lawmakers and some prosecutors are working to clean the slate for those punished under an old set of laws.

  • October 18, 2019

    Jimi Hendrix's Brother Reaches Settlement In Trademark Spat

    Jimi Hendrix's brother and his business partner have agreed to stop using the late rock star's name and likeness to sell alcohol and marijuana products as part of a settlement agreement filed in New York federal court that also included a $2 million judgment against the business partner.

  • October 18, 2019

    Fight Over Utah's Medical Pot Effort Bumped To State Court

    A lawsuit claiming Utah’s medical cannabis regime flouts the will of voters by sharply limiting access to the drug is heading back to state court after a federal court found it lacked jurisdiction, setting up a fresh battle over the state's allegedly heavy hand in the industry. 

  • October 18, 2019

    DC Circ. Tosses Medical Pot Researcher's Fight With DEA

    The D.C. Circuit on Friday declined to intervene in a dispute between the Drug Enforcement Administration and a marijuana researcher that accused the agency of dragging its feet on licensing new growers for medical research, saying the DEA had recently fulfilled its duty to move the process along.

  • October 18, 2019

    Mass. Vape Ban's Fate To Be Determined Monday

    A ruling on whether to halt Massachusetts' four-month total ban on electronic cigarettes and other vaping products is expected Monday morning, a state court judge said Friday after hearing a third day of testimony over the hot-button issue.

  • October 18, 2019

    NM Should Set 17% Tax On Legal Cannabis, Task Force Says

    New Mexico should legalize recreational cannabis and impose taxes at an aggregate rate of around 17%, according to a recent report from a task force created by the governor.

Expert Analysis

  • 4 Recreational Marijuana Tax Revenue Takeaways For States

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    The legalization of recreational marijuana was widely expected to generate significant tax revenue for state and local governments, but so far only two states have managed to accurately estimate the amount of revenue from this new market, says David Standa of Locke Lord.

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • The FDA Regulatory Landscape For Tobacco And Cannabis

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    Recently, the U.S. Food and Drug Administration has been active in its oversight of e-cigarettes and cannabis. In this video, Ben Haas and Elizabeth Richards of Latham discuss the latest developments in the FDA's regulatory framework for these products.

  • RICO Threat Looms Over Cannabis Businesses

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    Recent decisions from the Tenth Circuit and courts in the Ninth Circuit demonstrate that the specter of Racketeer Influenced and Corrupt Organizations Act liability for owners and operators of cannabis-related businesses remains a real danger so long as such facilities remain illegal under federal law, say Gerald Arth and Joshua Horn of Fox Rothschild.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • Zoning Compliance Tips For NJ Medical Marijuana Facilities

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    When choosing a location in New Jersey, owners of medical marijuana facilities must approach a zoning analysis and communications with local officials differently than any other type of industrial, commercial or retail project, say Michael Floyd and Chad Warnken of Archer & Greiner.

  • Kentucky Tax Talk: What Governor Candidates Would Change

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    From Gov. Matt Bevin’s pledge to continue pro-business changes to challenger Andy Beshear’s focus on legalizing gaming, Mark Sommer and Daniel Mudd of Frost Brown outline the tax reform promises of the two Kentucky gubernatorial candidates.

  • Calif. Employers Should Consider Drug Test Policy Updates

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    As state law trends continue toward protecting employees' off-duty use of marijuana, California employers can use a court-created balancing test that determines the legality of drug checks by weighing an employee’s right to privacy against an employer’s legitimate business purpose, says Camille Gustafson at Paul Plevin.

  • A Defense For E-Cig Makers Against Vape Lung Illness Claims

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    With a flurry of illnesses and deaths blamed on vaping, plaintiffs attorneys are expected to file thousands of lawsuits against e-cigarette manufacturers. But in California, O’Neil v. Crane establishes that vape manufacturers owe no duty to warn about the dangers associated with other manufacturers’ vaping liquids, says Michael Preciado of Buchalter.

  • 8 Best Practices For Cannabis Transaction Due Diligence

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    Given the extraordinary risks and evolving regulatory landscape in the rapidly expanding cannabis industry, investors should consider due diligence matters across a wide swath of legal fields when evaluating cannabis-focused transactions, say attorneys with Epstein Becker.

  • Grading The Presidential Candidates On Cannabis Policy

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    Vince Sliwoski and Molly Nelson of Harris Bricken review all of the presidential candidates' stances on marijuana and rank them based on their current positions as well as their legislative history and prior rhetoric.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Despite Legalization, Marijuana Usage Is Risky For Ill. Tenants

    Excerpt from Lexis Practice Advisor
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    For many Illinois residents, the passage of the Cannabis Regulation and Tax Act was cause for celebration. However, the fact that marijuana remains illegal at the federal level, combined with the Illinois Eviction Act, means that marijuana use can still lead to eviction, says Richard Toboz of Heavner Beyers.