Cannabis

July 09, 2025
5 Years Ago, The McGirt Ruling Reshaped Tribal Jurisdiction

It was widely held for decades that Oklahoma had domain over criminal matters on tribal lands, but five years ago, the U.S. Supreme Court turned that regime on its head, finding 19th century federal treaties with the Creek Nation that formed its reservation are valid — and, in turn, reestablishing 45% of the Sooner State as Indian Country.
July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders

Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.
July 08, 2025
Baltimore Police Want Out Of Md. Hemp Cos.' Suit

The Baltimore Police Department wants out of a lawsuit filed by hemp businesses and buyers seeking to upend a Maryland law that would require retailers to get recreational cannabis licenses to buy and sell hemp products, arguing that the department isn't responsible for the legislation.
July 08, 2025
Macy's Says McLaughlin Ruling Backs Axing DOL's ERISA Suit

Macy's has once again asked an Ohio federal judge to slash a U.S. Department of Labor lawsuit claiming the retail company discriminated against tobacco users by charging them an extra fee through its health insurance plan, this time leaning on the U.S. Supreme Court's recent McLaughlin ruling to argue no new lawsuit is required to push aside agency rulemaking.
July 08, 2025
Pot Smell May Be Hemp So No Probable Cause, 4th Circ. Told

A North Carolina man urged the Fourth Circuit on Monday to revive his challenge of a police officer's search of his car based on the smell of marijuana, saying the government is wrongly asserting the search was legal because there are legal forms of hemp with an indistinguishable odor.
July 08, 2025
Judge Tosses Pot Convict's Gun Rights Case

A Maine federal judge on Tuesday dismissed a suit from a man convicted of trafficking cannabis who alleged that his Second Amendment rights were being violated, finding that policies barring felons from gun ownership have been consistent with the country's history.
July 08, 2025
DEA Tells DC Circ. To Toss Ayahuasca Church's Petition

Federal drug enforcers urged the D.C. Circuit on Tuesday to toss a petition brought by an Iowa church seeking a religious exemption to use a psychedelic in its rites, saying there was no legal basis to the organization's allegations that the agency took too long to process its application.
July 08, 2025
Cannabis Co. Escapes Sales Commissions Suit

A cannabis company's promise to pay an employee commissions when she got a promotion was but a "puff of smoke," an Illinois federal judge ruled, finding the lack of a formal contract means her lawsuit must be dismissed.
July 07, 2025
Feds Tell 9th Circ. Ayahuasca Church Not Owed $2M In Fees

Federal officials told the Ninth Circuit on Monday that a Phoenix-based church that reached an agreement with the government to use the psychedelic ayahuasca in religious ceremonies was not entitled to more than $2 million in attorney fees.
July 07, 2025
11th Circ. Backs 30-Year Sentence Despite Marijuana Shifts

The Eleventh Circuit on Monday upheld a 30-year sentence for a man convicted of possessing cocaine, marijuana and a firearm, rejecting his assertions that the punishment was excessive in light of shifting attitudes and laws surrounding marijuana.
July 07, 2025
Mass. Cannabis Lab Calls Shutdown Order 'Unlawful'

A cannabis testing lab asked a Massachusetts judge on Monday to let it resume operating, nearly a week after state regulators ordered it shut down for allegedly misreporting the results of mold and yeast tests.
July 07, 2025
Ex-Oklahoma Pot Regulator's Discrimination Claims Tossed

An Oklahoma federal judge has thrown out discrimination claims filed by a former employee of the Oklahoma Medical Marijuana Authority in a suit alleging she was terminated for whistleblowing, saying she failed to allege that she was dismissed in retaliation for protected speech or activities.
July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers

It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
July 03, 2025
The Moments That Shaped The Universal Injunction Case

The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
July 03, 2025
Biggest Decisions Of Mich. Supreme Court So Far This Year

The Michigan Supreme Court so far this year has handed down a number of decisions marking important changes to criminal law, including reshaping how late adolescents are sentenced for serious crimes and declaring that the smell of marijuana alone cannot justify a warrantless vehicle search.
July 03, 2025
Cannabis Co. Nectar Sues Chicago Atty For $500K

A Chicago attorney and his business partner are accused of defrauding Oregon-based cannabis company Nectar in a federal lawsuit that claims they promised to secure an Illinois license for the company but instead walked away with hundreds of thousands of dollars.
July 03, 2025
The Firms That Won Big At The Supreme Court

The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
July 03, 2025
Breaking Down The Vote: The High Court Term In Review

The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
July 02, 2025
Chinese Cannabis Vape Maker Accused Of Monopoly

The Chinese companies behind cannabis vape brand CCELL and a number of its U.S. distributors were accused of organizing an anticompetitive price-fixing scheme that gave them market dominance, according a proposed class action lawsuit, at least the second this year to make similar claims.
July 02, 2025
Toys R Us Seeks Default Judgment In 'Vape R Us' Dilution Suit

Tru Kids Inc., the parent of retailer Toys R Us, has asked a Connecticut federal judge to issue a default liability judgment and a permanent injunction against a New Haven e-cigarette and cannabis store accused of tarnishing its registered trademarks that date back to 1970.
July 02, 2025
Investor Says Pot Shop Owner 'Absconded' With Sale Funds

A key investor in a Massachusetts cannabis dispensary says the shop's owner sold part of the business out from under her after she sought to exercise an ownership option, then failed to turn over proceeds from the sale, according to a suit filed in state court.
July 02, 2025
The Funniest Moments Of The Supreme Court's Term

After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
July 01, 2025
The Sharpest Dissents From The Supreme Court Term

The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
July 01, 2025
RI Urges 1st Circ. To Toss Challenge To Pot License Regs

Rhode Island marijuana regulators told the First Circuit on Tuesday that a lower court federal judge was correct to toss a constitutional challenge to the state's cannabis regulations, which had not yet been published when the lawsuit was initially filed.
July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions

The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

Expert Analysis

Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
Series

Gardening Makes Me A Better Lawyer

Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
What New Calif. Law Means For Cannabis Lounges

With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
Litigation Inspiration: Reframing Document Review

For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
Series

Flying Makes Me A Better Lawyer

Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
Series

Circus Arts Make Me A Better Lawyer

Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
3 Ways To Train Junior Lawyers In 30 Minutes Or Less

Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
The Bar Needs More Clarity On The Discovery Objection Rule

Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
Series

Being A Navy Reservist Makes Me A Better Lawyer

Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
Incoming Admin May Shake Up Life Sciences Regulation

Though President-elect Donald Trump has not yet articulated policy priorities regarding the life sciences industry, the sector is positioned to see significant changes that could affect everything from drug exclusivity and generic drug approvals, to the availability of over-the-counter drugs, to laboratory-developed tests and digital health, say attorneys at Morgan Lewis.
So You Want To Move Your Law Practice To Canada, Eh?

Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
Justices Must Weigh Reach Of Civil RICO In Cannabis Case

Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
Promoting Diversity In The Selection Of ADR Neutrals

Excerpt from Practical Guidance

Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
Series

Playing Ultimate Makes Us Better Lawyers

In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.