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Cannabis
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March 27, 2025
Vaping Interests Take Challenge To FDA Rule To 5th Circ.
A coalition of vaping interests challenging the U.S. Food and Drug Administration's marketing and recordkeeping regulations has taken the dispute to the Fifth Circuit after a lower district judge tossed the lawsuit, which claimed many in the industry were prohibited from seeking FDA approval for multiple products at once because of the high cost of applying.
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March 27, 2025
Minn. Pot Regulators Submit Proposed Rules For Retail Sale
The Minnesota Office of Cannabis Management, or OCM, has submitted draft rules for the retail sale of adult-use cannabis products to an administrative law judge for final approval.
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March 27, 2025
Curaleaf Units Slam Pot Farm's Sanctions Bid In $32M Suit
Two Curaleaf units are pushing back on a Michigan farm's bid for sanctions following a $32 million verdict in its favor, saying the farm is the party dragging proceedings out by seeking sanctions over a disagreement on the law.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
2 Class Actions Over Cannabis Cos.' Product Labels Dropped
The plaintiffs who were leading two proposed class actions in Illinois federal court alleging that cannabis companies have mislabeled their products to get around Illinois state law have dropped their cases.
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March 26, 2025
RI Pot License Program Unconstitutional, 1st Circ. Told
A California lawyer who has brought constitutional challenges to state and local cannabis licensure programs across the country told the First Circuit on Tuesday that a lower district judge erred in dismissing an action against Rhode Island marijuana regulators.
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March 26, 2025
Fla. Appeals Court Upholds Fees For Medical Pot Businesses
Florida's intermediate appellate court on Wednesday affirmed that the state's Department of Health acted within its authority when it enacted rules requiring medical marijuana dispensaries to pay more than a million dollars in license renewal fees every other year.
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March 26, 2025
Medical Pot Center Not Exempt From 2017 Michigan Sales Tax
A Michigan appeals panel has rejected a medical cannabis provisioning center's argument that it was exempt from sales tax in 2017, saying it is not entitled to the same exemption as primary caregivers and could not rely on a 2011 nonbinding letter in its argument.
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March 25, 2025
NC Justices Agree To Hear Traffic Stop Smell Test Appeal
The North Carolina Supreme Court has agreed to take up an appeal of a man's conviction for possession of a firearm by a felon after he argued that the smell of cannabis and cologne are not sufficient to justify searching his vehicle at a traffic stop.
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March 25, 2025
Court Tosses Suit Alleging NY Pot Regulations Are Biased
A New York federal judge on Tuesday dismissed an action alleging that the Empire State's cannabis social equity licensure program discriminated against white men.
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March 25, 2025
Va. Gov. Youngkin Blocks Recreational Cannabis Sales Again
Glenn Youngkin, the Republican governor of Virginia, on Monday once again vetoed lawmaker-approved legislation that would have taxed and regulated the sale of adult-use cannabis.
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March 25, 2025
Lowenstein Sandler Can Pursue NJ Dispensary Fraud Claims
Lowenstein Sandler LLP on Tuesday secured a ruling enabling the firm to pursue claims that a cannabis dispensary committed a "fraud on the court," with a New Jersey state judge rejecting the business' attempt to preclude those claims in the firm's $800,000 suit over unpaid legal fees.
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March 25, 2025
No Easy Out In $5M Mich. Dispensary Flip-Flop Suit
A Michigan federal court has refused to hand a win to either party in developer American 5 LLC's suit alleging a Michigan township improperly revoked its permit for a marijuana dispensary, finding that the parties hadn't resolved whether the permit was the developer's to begin with.
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March 25, 2025
DEA Seeks Exit From Hemp Group's Suit Over Raid
Federal drug enforcers have asked a Texas federal judge to release them from a hemp industry trade group and retailer's lawsuit challenging the legality of a raid on a smoke shop, saying that the enforcement actions at issue were conducted by local authorities.
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March 25, 2025
Ariz. AG Warns Cops, Retailers About Illegal THC Sales
Arizona's attorney general has sent letters to both retailers and law enforcement over the sale of THC products by unlicensed shops, clarifying that such sales are illegal and giving them a month to prepare for enforcement by the attorney general's office.
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March 24, 2025
Justices Asked To Weigh Mississippi Ban On Medical Pot Ads
The owner of a Mississippi medical marijuana company has asked the U.S. Supreme Court to hear a First Amendment challenge to the state's ban on cannabis advertisements, which was recently upheld by the Fifth Circuit.
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March 24, 2025
Neb. AG Sends 35 Cos. Cease Letters Over THC Sales
The Nebraska attorney general has sent cease and desist letters to 104 retail locations in Omaha saying they are selling products with THC beyond the state's legal limits.
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March 24, 2025
NYC Shops' Suit Over Pot Crackdown Tossed
A New York federal judge has thrown out a suit by 27 businesses alleging that New York City violated due process by shutting some of them down as illegal cannabis operations, saying not only did the shops have the opportunity to be heard in an impartial hearing, but several of them were allowed to reopen following those hearings.
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March 21, 2025
DHS Again Seeks To Toss Pot Cos.' Wrongful Seizure Suit
The U.S. Department of Homeland Security on Friday again asked a New Mexico federal court to throw out a suit from eight cannabis companies alleging their products, cash and vehicles were wrongly seized at checkpoints.
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March 21, 2025
Rudick Law Grows Cannabis, Psychedelic Practice With Hire
Woman-owned cannabis firm Rudick Law Group has announced it is expanding into New Orleans and Santa Fe, New Mexico, with the hiring of a former prosecutor it said will bring expertise in cannabis and psychedelic medicine law to the firm.
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March 21, 2025
New Mexico Lawmakers Approve Medical Psilocybin Bill
New Mexico lawmakers have given final approval to legislation to create a regulated medical psilocybin program, sending the proposal to the governor's desk.
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March 20, 2025
SEC Says 'Personnel Changes' Are Delaying 8th Circ. Briefing
The U.S. Securities and Exchange Commission has been granted more time to respond to an Eighth Circuit appeal questioning its definition of securities dealer, as the agency has said one attorney's exit has made it too difficult to stick to the prior briefing schedule.
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March 20, 2025
Texas Senators Approve Bill Banning THC Consumables
The Texas state Senate has approved a bill that would broadly ban consumable products with hemp-derived cannabinoids, such as delta-8 THC, sending the legislation to the state House of Representatives.
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March 20, 2025
Injured Workers' Comp Lawyer Wins Coverage Of CBD Oil
CBD oil prescribed to a workers' compensation attorney for a back injury he suffered while loading files into a trial bag must be covered by his firm, the Pennsylvania Supreme Court affirmed on appeal Thursday.
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March 20, 2025
Pot Co. Disputes 'Forgery' Of Service In Banking Suit
A cannabis company is urging an Oregon federal court to reject a venture capital firm's bid to vacate a default judgment in a suit against a defunct cannabis "neobank," saying the evidence shows the suit was properly served and that receipts weren't forged.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.