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hospital sued its workers' union in federal court, arguing it shouldn't have to accept an arbitration decision that rescinded an employee's discipline for testing positive for marijuana, because a recent law codified by a cannabis decriminalization ballot initiative preserves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

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Cannabis Seed Importation Carries CBP Enforcement Risks

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    Though cannabis seed importation may be arguably legal, potential importers — such the recent MMJ-Global Cannabis partnership to bring cannabis THC products into the U.S. — risk action from U.S. Customs and Border Protection until the agency issues an official ruling on cannabis seed admissibility, say Adams Lee and Vince Sliwoski at Harris Bricken.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • What RJ Reynolds' Calif. Suit Means For Tobacco Regulation

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    R.J. Reynolds' recently filed lawsuit against the attorney general of California is testing the limits of the state's 2020 ban on flavored tobacco products — and whatever the outcome, it may help shape tobacco regulations at both the state and federal levels in coming years, say attorneys at Troutman Pepper.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • Preparing For Md. Adult-Use Cannabis: Operations And More

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    As a new regulatory body takes the reins before Maryland’s adult-use cannabis market launches on July 1, industry stakeholders should understand key provisions related to management agreements, secured creditors and receiverships, dispensary operations, and hemp, say Seth Gitner and Jonathan Havens at Saul Ewing.

  • Preparing For Md. Adult-Use Cannabis: Licensing Provisions

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    As the launch of Maryland’s adult-use cannabis market quickly approaches, current and prospective businesses will need to understand key provisions and limitations related to license conversion, qualifying partnerships, social equity applications and microlicenses, say Seth Gitner and Jonathan Havens at Saul Ewing.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Recent Bills Show Congress' Growing Maturity On Cannabis

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    Though two recently introduced cannabis reform bills, the Prepare Act and the Small Business Tax Equity Act, are unlikely to pass in this Congress, they demonstrate a new level of focus and sophistication on the part of lawmakers as it relates to cannabis at the federal level, says Irina Dashevsky at Greenspoon Marder.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

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