Cannabis

  • February 09, 2024

    Philip Morris PTAB Win Overturned At Fed. Circ.

    The Federal Circuit issued a precedential ruling on Friday that overturned a patent board finding that two claims in a patent owned a R.J. Reynolds subsidiary did not do what it described, a week after Reynolds' parent company privately settled its legal fight with Philip Morris over competing tobacco and vape products.

  • February 09, 2024

    Cigar Co. Doesn't Own 'Dragon' TM, Rival's Dismissal Bid Says

    The defendant in a trademark infringement suit from a cigar company has asked a Florida federal court to dismiss the case, saying that the plaintiff doesn't even own the registered marks it claims were infringed.

  • February 09, 2024

    DEA Wrong To Block Psilocybin Therapy, 9th Circ. Told

    The Drug Enforcement Administration was wrong to deny a Seattle-based physician's request to treat terminally ill patients with psilocybin, the active ingredient in psychedelic mushrooms, under right-to-try laws, the Ninth Circuit was told recently.

  • February 09, 2024

    Pot Patients Say NM Insurance Case Triggers CAFA Exception

    A medical cannabis company doing business in New Mexico and several patients say a proposed class action over insurance coverage for medical cannabis belongs in state court partly because the case triggers a Class Action Fairness Act exception depriving federal jurisdiction that would otherwise be offered.

  • February 08, 2024

    Cannabis Co. Sues Colorado Regulators Over Tracking Rules

    A Colorado company that makes edible cannabis products has sued state regulators over what it describes as a confusing series of regulatory moves in recent months regarding the tracking of cannabis products and their insistence on the use of a particular tracking device through a state contractor.

  • February 08, 2024

    2nd Circ. Appoints Goodwin To Suit Over Fake Pot In NY Jail

    The Second Circuit has revived an incarcerated man's lawsuit seeking damages for his exposure to secondhand smoke from synthetic cannabinoid illicitly smuggled into a jail in Orange County, New York, saying his case has "potential merit," and appointed Goodwin Procter LLP as his counsel.

  • February 08, 2024

    Aurora Cannabis Buys No. 2 Australian Medical Pot Co.

    Aurora Cannabis Inc. said Thursday it has purchased the remaining roughly 90% equity interest of MedReleaf Australia that it doesn't already own at an enterprise value of AU$50 million ($32.5 million), in a cash and stock deal that the Canadian pot company said makes it the "largest global medical cannabis company operating in nationally legal markets."

  • February 08, 2024

    Pot Co. Owner Aims to Halt Md.'s Equity License Lottery

    The owner of a cannabis dispensary that was denied a spot in Maryland's lottery for social equity licenses is asking a federal court to put a halt on the lottery, saying she'll suffer irreparable harm because of the state's violation of the Constitution's dormant commerce clause.

  • February 07, 2024

    Ark. Urges 8th Circ. To End Block On New Hemp Law

    The state of Arkansas has told the Eighth Circuit that its new law banning intoxicating products with compounds derived from hemp is not preempted by federal statute and a lower court judge erred by ordering the state to halt enforcement of the new policy.

  • February 07, 2024

    Chemists Settle Suit Over CBD Refining Method

    Two chemists who claim to have developed a technique for turning CBD into a substance 10 times more valuable and the Utah-based cannabis company that hired them have agreed to settle claims that they were each defrauded by the other party, according to a notice filed in Colorado federal court.

  • February 07, 2024

    NJ Cop Union Agrees Gun Law Doesn't Disturb State Pot Law

    The New Jersey State Policemen's Benevolent Association said Wednesday that a federal gun control law and the state's cannabis legalization law don't clash with each other, supporting the state attorney general and police's bid to toss Jersey City's suit in federal court.

  • February 07, 2024

    Investor Wants Fla. CBD Co.'s Atty DQ'd In Fraud Suit

    An investor in a Florida health goods company asked a federal judge Wednesday to disqualify an attorney from representing a company principal, saying the attorney should instead testify at trial because he knows about relevant contract negotiations.

  • February 07, 2024

    Mass. Atty Gets 2 Years For 'Corruptly' Pushing Pot Bribe Plot

    A former Massachusetts attorney "violated his oath corruptly" by bribing a police chief with payments to his brother to win a local marijuana license for a client, a federal judge said Wednesday as he handed down a two-year prison term.

  • February 07, 2024

    5th Circ. Judge Doubts Samsung On Hook For Exploding Vape

    A Texas man injured when a Samsung battery in his e-cigarette exploded faced resistance from a Fifth Circuit judge Wednesday who disputed the idea the technology company could face a state personal injury suit just because its batteries were shipped to the Lone Star State for other purposes. 

  • February 06, 2024

    Calif. Lawmakers Pitch New Psychedelics Treatment Bill

    California lawmakers on Tuesday introduced a bipartisan proposal to regulate the therapeutic administration of nature-derived psychedelics after the governor vetoed a previous proposal last year.

  • February 06, 2024

    Calif. Judge Axes Suit Over Pot Destroyed On Tribal Land

    A California federal judge has dismissed a marijuana grower's lawsuit against local law enforcement officials who he claims improperly seized and destroyed his crop lawfully grown on tribal land but is giving him another shot at filing, though she said "it seems unlikely" the farmer's suit will ultimately survive.

  • February 06, 2024

    Hemp Organization Tells 8th Circ. Delta-8 Products Are Lawful

    A hemp industry trade organization on Tuesday urged the Eighth Circuit to uphold a lower court's order blocking enforcement of a new Arkansas law that bans hemp-derived intoxicants, saying the products were lawful under the federal law that legalized hemp.

  • February 06, 2024

    NASCAR Museum Owner Still Bad-Mouthing ITG, Court Told

    The owner of a North Carolina museum dedicated to the NASCAR Winston Cup has willfully violated a settlement agreement with ITG Brands LLC by allegedly continuing to disparage the tobacco giant on social media and in interviews, the state Business Court heard during a hearing Tuesday.

  • February 06, 2024

    Dispensary Says State Agency Delayed Shutdown Ruling

    An Oklahoma dispensary is asking a state court to step in and force the state's medical cannabis regulator to make a final judgment on whether its operations should remain suspended, saying it's losing $20,000 every day it can't be in business.

  • February 05, 2024

    Psychedelics Bill Roundup: Mass. Proposal Enters Legislature

    A citizen-led effort to legalize personal use and possession of natural psychedelics in Massachusetts entered the state Legislature this week, a Hawaii bill to regulate therapeutic use of psilocybin is scheduled for its first hearing, and Indiana lawmakers advanced a bill to fund research into psilocybin treatment. Here are the major developments in psychedelic legislation from the past week.

  • February 05, 2024

    Ayahuasca Church Asks 11th Circ. To Rehear DEA Fight

    A Florida church has asked the Eleventh Circuit to reconsider a ruling affirming the U.S. Drug Enforcement Administration's denial of a request to use the psychedelic substance ayahuasca for religious purposes, arguing that the majority made a "precedent-setting error."

  • February 05, 2024

    Hospital Says Ohio Pot Law Doesn't Ax Employee Discipline

    An Ohio hospital sued its workers' union in federal court, arguing it shouldn't have to accept an arbitration decision that rescinded an employee's discipline for testing positive for marijuana, because a recent law codified by a cannabis decriminalization ballot initiative preserves employers' ability to punish workers for positive tests.

  • February 05, 2024

    Pot Merchant Must Pay Partner $6.4M Over Ownership Spat

    A cannabis entrepreneur and his company can't escape $6.4 million in damages owed to a former business partner who was shunted from the thriving venture, a Colorado federal judge has held, finding the court could hear a dispute stemming from businesses in the industry.

  • February 02, 2024

    Birmingham, Ala., Hit with $4.5M Verdict Over Police Shooting

    An Alabama federal jury hit the city of Birmingham with a $4.5 million verdict over a fatal police shooting, finding that a city officer violated the constitutional rights of two people when he fired upon them while they were immobilized in a vehicle at the end of a car chase.

  • February 02, 2024

    Pot Licensing Dustup Dropped From Federal Court For Now

    A Michigan federal judge has paused a lawsuit that two cannabis retailers filed against a Michigan city and potential rivals — expressing hope that progress in a tangle of disputes at the state level regarding city licenses to sell recreational marijuana will prevent the need for the federal suit to resume.

Expert Analysis

  • 2023 Farm Bill Could Follow Md., Minn. Or NY's Lead On Hemp

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    As potential changes to federal hemp policy are hammered out in the 2023 Farm Bill, lawmakers may look to recent regulations promulgated in Maryland, Minnesota and New York, which provide several possible regulatory frameworks for hemp and synthetic cannabinoids, say Seth Gitner and Jonathan Havens at Saul Ewing.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • What Calif. Pot Permit Ruling Means For Enviro Compliance

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    While a California appeals court's recent decision in Lucas v. City of Pomona affirms the city's use of a statutory exemption for its commercial cannabis overlay permit program, the ruling does not mean that all applicants seeking similar approvals are exempted from state environmental compliance obligations, say Whitney Hodges and Barbara Machado at Sheppard Mullin.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Rare Reg A+ Fines Reflect New Era Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's recent announcement of civil penalties against 10 microcap companies for violations of Regulation A+ shows that as the SEC continues to expand its enforcement efforts, its focus remains on protecting investors of all sizes — including those investing in the historically less-scrutinized Reg A+ issuers, say attorneys at Crowell & Moring.

  • Cannabis Plain Packaging Rules: Examples And Opportunities

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    States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Cannabis Consumption Lounges Face Unique Liability Risks

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    As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.

  • What Justices' Pork Ruling Means For Interstate Cannabis

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    The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Complex Hemp Processes Need Nimble Regulatory Approach

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    Since the 2018 Farm Bill legalized hemp and certain hemp-derived products, THC limits have presented different issues at each stage of the complex production process, revealing the need for continued adjustments and flexible regulations as Congress deliberates the 2023 Farm Bill, says David Kouba at Arnold & Porter.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • Opinion

    Calif. Policymakers Should Aid Crashing Cannabis Market

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    As California’s cannabis sector nears the brink of financial collapse, it may be time for the state government to seriously consider potential bailout programs for the embattled industry — though the crisis also presents strategic buying opportunities for those with a high tolerance for uncertainty, says Michelle Mabugat at Greenberg Glusker.

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