CBD Capsule Case Belongs In State Court, Plaintiff Says

Law360 (November 14, 2019, 10:42 PM EST) -- A truck driver who claims he was fired for positive marijuana tests after taking CBD capsules that contained THC asked a federal court to remand his case against the CBD company back to state court, saying none of his claims are based on federal law.

Hugh M. Ellis said in a filing in support of a motion to remand Tuesday that Shaman Botanicals Inc. improperly removed the case to federal court on the grounds that federal jurisdiction exists under the 2018 Farm Bill. But Ellis said federal law does not preempt state hemp production laws that are more stringent than federal...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS