Cannabis

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hospital sued its workers' union in federal court, arguing it shouldn't have to accept an arbitration decision that rescinded an employee's discipline for testing positive for marijuana, because a recent law codified by a cannabis decriminalization ballot initiative preserves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

  • February 02, 2024

    Court Denies Bid To Halt NY Cannabis Retail Licensure

    A New York federal judge on Friday denied a California attorney's bid to halt retail cannabis licensing in the state, finding that the dormant commerce clause argument he advanced was likely to fail and that public interest favored allowing regulators to continue to reward licenses.

  • February 02, 2024

    Hemp Co. Founder Says Court Should Uphold $1.7M Win

    A cannabis entrepreneur has urged a federal judge in Manhattan to reject Neptune Wellness Solutions Inc.'s "frivolous" bid to "re-litigate" an arbitration award of $1.7 million in attorney fees and expenses, saying the arbitrator didn't need to follow New York law.

  • February 02, 2024

    BAT, Philip Morris Reach Patent Deal For Global Vape IP Fights

    British American Tobacco and Philip Morris International Inc. said Friday that the companies had come to a settlement resolving multiple heated tobacco and vape patent infringement suits.

  • February 02, 2024

    Judge Tosses Involuntary Releases In Amyris Ch. 11 Plan

    A Delaware bankruptcy judge on Friday struck down biotechnology company Amyris Inc.'s plan to shield executives and others from liability using nonconsensual releases as part of its Chapter 11 plan, finding that Amyris can reorganize without relying on the controversial mechanism.

  • February 02, 2024

    Cannabis Org Tells 4th Circ. Hemp Wares Unlawful And Unsafe

    A cannabis industry trade group on Friday filed a friend of the court brief in a Fourth Circuit battle over a Virginia law that restricts the production and sale of hemp-derived intoxicants, telling the appellate court that the products are unlawful and unsafe.

  • February 01, 2024

    Texas AG Launches Suits Against Marijuana Amnesty Cities

    Texas Attorney General Ken Paxton has launched a series of lawsuits against five cities that have marijuana amnesty or nonprosecution policies, saying the municipalities, including Austin and Denton, were breaking state law by refusing to prosecute pot offenses.

  • February 01, 2024

    UFCW Backs Injunction Bid In Pot Co. Union Fight

    A United Food and Commercial Workers local has urged a federal judge to order a Salem, Massachusetts, cannabis shop to recognize and bargain with it, saying a court order is needed while the shop appeals a bargaining order issued by a National Labor Relations Board judge.

  • February 01, 2024

    New Jersey AG Says Gun Law Doesn't Target Cop Pot Use

    New Jersey Attorney General Matthew J. Platkin urged a judge to toss Jersey City's suit seeking a declaration that state-level pot legalization is preempted by the Gun Control Act of 1968, pointing to a carveout in the federal law for legal cannabis users who are armed during the course of their work.

  • February 01, 2024

    Energy Co. Seeks Final $12.6M Award For Tribal Equipment

    Merit Energy Operations is asking a federal district court to enter judgment after an arbitration panel determined that two Wyoming Native American tribes must pay $12.6 million to purchase equipment from the company after a lease agreement to operate on reservation land expired.

  • February 01, 2024

    Atty Reprises Entrapment Claim As Pot Bribe Sentence Looms

    A lawyer convicted of bribing a Massachusetts police chief working on local marijuana licensing approvals asked a Boston federal judge Thursday for a sentence of no more than a year and a day in prison, citing his "imperfect entrapment" defense and insisting that the conduct was permissible lobbying. 

  • February 01, 2024

    Santa Barbara County, Sheriffs Escape Raided Pot Farm Suit

    A California federal judge has thrown out claims from the former owner of a medical cannabis collective alleging that the Santa Barbara County Sheriff's Office illegally raided his farm in 2010, saying the complaint contains only conclusory accusations without supporting factual assertions.

  • January 31, 2024

    6th Circ. Revives Fired Airgas Worker's Hemp Bias Suit

    The Sixth Circuit reinstated a former Airgas USA LLC worker's suit claiming he was fired for using legal hemp to quell pain following cancer surgery, ruling Wednesday that the business didn't do enough to double-check the accuracy of the worker's positive test results for marijuana.

  • January 31, 2024

    NY Cannabis Regulators Sued Over License Lottery Process

    New York cannabis regulators have been hit with another lawsuit over their licensure program, this time by a group of applicants whose petition in Albany state court alleges the method regulators used to give certain applicants priority review was arbitrary and opaque.

  • January 31, 2024

    FDA Seeks Max Fines Against Shops Selling Esco Bars Vapes

    The U.S. Food and Drug Administration is looking to hit 21 retailers with civil penalties for selling the popular Esco Bars brand of vapes, according to an agency announcement, saying the brick-and-mortar shops knew the popular "youth appealing" brand lacked premarket authorization.

  • January 31, 2024

    Medical Pot Firm Owes $1.5M In Lease Fees, Landlord Says

    Medical cannabis company Vireo Health shunted its landlord on $1.5 million in rent payments after signing a 10-year industrial lease for about 32,000 square feet in Puerto Rico before bailing a few months ago, leaving multiple years' worth of rent unpaid, according to a complaint in federal court.

  • January 30, 2024

    Pot Fraud Case Costs Businessman $17M Instead Of $100K

    A businessman convicted of bank fraud for his role in helping a California cannabis company covertly process payments must pay the government $17 million — all of the money he allegedly earned from the scheme — according to a ruling issued by the same New York federal judge who once called the amount "excessive."

Expert Analysis

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Series

    ESG Around The World: European Union

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    As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Issues Ahead As Psychedelic Medicine Faces Pivotal Moment

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    Recent regulatory changes and decriminalization efforts have opened doors for research and development in psychedelic medicine, but challenges like stigma, access and funding persist, meaning companies will need to address these issues to support the industry’s credibility, say consultants at FTI Consulting.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • NY Cannabis Licensing Row Compounds State Industry Woes

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    A New York trial court’s recent injunction, preventing state regulators from issuing any new cannabis retail licenses, is the latest setback in a program rollout riddled with legal challenges and other delays, and will likely have negative impacts on operators, applicants, consumers and the state economy, say Meaghan Feenan and William Wolfe at Harris Beach.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Series

    ESG Around The World: Australia

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    Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

  • In Ga., Promptness Is Key To Setting Aside Default Judgments

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    The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Opinion

    Laws Based On Rapid Drug Tests Are Unscientific And Unfair

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    Given the widespread legalization of marijuana, states are increasingly implementing laws to penalize drivers under the influence of drugs, but the laws do more harm than good as the rapid tests they rely on do not accurately measure impairment, say Josh Bloom and Henry Miller at the American Council on Science and Health.

  • Avoid Telehealth Pitfalls In A Post-Pandemic Environment

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    As federal and state governments roll out various changes to regulation of telehealth services, health practitioners should remain vigilant and ensure that necessary professional standards — such as proper note-taking and documentation — are not neglected in a remote environment, say attorneys at Kaufman Borgeest.

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