Cannabis

  • April 11, 2024

    Shops Fight Altria Unit's Bid To Block Flavored Vape Sales

    A group of smoke shops urged a California federal judge to reject a bid by vape manufacturer NJOY, a subsidiary of tobacco giant Altria Group, Inc., seeking to block the retailers from selling Elf Bar branded flavored vapes, arguing that consumers won't flock to NJOY's tobacco flavored products even if Elf Bar is off the market.

  • April 11, 2024

    FDA Commissioner Says Congress Must Act On Hemp, CBD

    The commissioner of the U.S. Food and Drug Administration said Thursday that the agency did not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement, and urged Congress to create a new pathway to regulate the substance.

  • April 11, 2024

    Medical Cannabis Ads Are Lawful In Miss., 5th Circ. Told

    A Mississippi medical marijuana dispensary is urging the Fifth Circuit to find that state regulations restricting cannabis advertising violate the First Amendment right to free speech, and that the state cannot hide behind the drug's federal illegality.

  • April 10, 2024

    Dormant Commerce Applies To Cannabis, 2nd Circ. Told

    A California lawyer whose companies have filed multiple lawsuits challenging state and local cannabis licensure programs has urged the Second Circuit to find that the dormant commerce clause of the U.S. Constitution applies to federally illegal marijuana.

  • April 10, 2024

    Ex-CBD Exec Says He Was Duped Into Investment

    The former chief operating officer of health goods supplier and CBD seller Premier Beauty and Health LLC told jurors Wednesday that he was misled by the company's executives — who were also his family members — into investing in a company that was less profitable and stable than he had been told.

  • April 10, 2024

    Hemp Cos. Win $134K In Investment Spat

    A Colorado federal court has entered final judgment in favor of a hemp processing company sued in an investment dispute, awarding it more than $130,000, following on a judge's findings of fact and conclusions of law last month.

  • April 10, 2024

    'Woodstock' Rivals Set To Test Weed-Adjacent Marks At Trial

    The promoter of the famed 1969 Woodstock music fair sparred Wednesday in Manhattan federal court with an alleged usurper of its prospective right to Woodstock trademarks in the evolving marijuana market, with a jury set to hear the strangely postured dispute.

  • April 10, 2024

    Pot Cos. Say California City Reneged On Fee Waiver Promise

    Six cannabis companies are suing the city of Cudahy in California federal court, saying the city breached its contracts by refusing to waive fees accrued during national emergencies and city-caused delays, costing the companies more than $26 million in damages.

  • April 10, 2024

    Electrical Workers Union Sues LIRR Over Cannabis Firing

    The union that represents Long Island Rail Road workers is suing the commuter railroad for firing an employee who had been with it for 25 years after he allegedly tested positive for marijuana when returning to work after being treated for cancer.

  • April 09, 2024

    9th Circ. Open To Reviving Calif. Cannabis Abatement Fight

    A Ninth Circuit panel on Tuesday appeared open to reviving a proposed class action alleging that Humboldt County's abatement fines for unlicensed cannabis growing structures is an unconstitutional "dragnet scheme," with two judges suggesting the magistrate judge inappropriately resolved material factual disputes against the property owners at the pleading stage.

  • April 09, 2024

    Pot Distributor Can't Restrain Hemp Co. Amid Contract Dispute

    A cannabis distribution company and a family farm lost an early bid to stop online retailer Mood Product Group LLC from allegedly using their trade secrets to solicit suppliers, with a North Carolina Business Court judge finding the pair are unlikely to succeed on their claims.

  • April 09, 2024

    Maryland Legislature Sends Kratom Bill To Governor

    Maryland will become the 13th state to pass a Kratom consumer protection act into law, if Gov. Wes Moore signs the bill that the state Legislature sent to his desk.

  • April 09, 2024

    Tribal Co. Says Calif. DA Shouldn't Escape Greenhouse Fight

    A Native American-owned corporation is asking a California federal court not to throw out its suit aiming to block the San Bernardino District Attorney's Office from destroying its greenhouses, saying federal abstention isn't proper because the state proceeding the DA references is against a different party.

  • April 08, 2024

    Software Licensees Say Investor Suit Doesn't Plead Fraud

    Decentral Life Inc. and a group of its licensees, including a cannabis social media site, are urging a Colorado federal court to throw out an investor's suit alleging that they tricked him into investing more than $1.7 million, saying his claims are too vague and fail to show how they deceived him.

  • April 08, 2024

    Feds Say Cannabis Cos. Can't Challenge CSA Pot Ban

    The U.S. government is urging a Massachusetts federal court to throw out a suit by several cannabis companies alleging the ban on cannabis under the Controlled Substances Act is unconstitutional, saying they don't have standing to sue because their activities aren't being prosecuted.

  • April 08, 2024

    Cannabis Co. Says DEA Administrative Procedure Is Illegal

    A Rhode Island cannabis company sued the U.S. Department of Justice and the Drug Enforcement Administration claiming the agency is subjecting it to an illegal proceeding before an administrative judge.

  • April 05, 2024

    NJ Smoking Law Violates Casino Workers' Rights, UAW Says

    A law preventing smoking in certain indoor workspaces violates New Jersey's Constitution by excluding casino workers, the United Auto Workers alleged Friday in a state court suit against the governor and state health department commissioner.

  • April 05, 2024

    Mo. High Court Affirms Co.'s Medical Pot License Denial

    The Missouri Supreme Court affirmed the denial of a company's application for a medical marijuana cultivation facility license, finding that its submission missed the mark by not including a certificate of good standing from the secretary of state.

  • April 05, 2024

    Calif. Judge Faces Two New Ethics Charges

    A California state judge facing a plethora of ethics charges is now facing additional allegations related to his participation in an online debate and comments he made during a court hearing.

  • April 05, 2024

    Calif. Cannabis Delivery Workers Vote To Authorize Strike

    California cannabis delivery company Eaze Technologies and its subsidiary Stachs LLC face a possible work stoppage just ahead of the April 20 weekend, after the union representing drivers announced they have rejected the companies' contract proposal and secured strike authorization from its members.

  • April 04, 2024

    After Voiding 'All Agency Regs' On Pot, NY Judge Backtracks

    After a New York state judge voided such a wide swath of rules governing the state's nascent recreational marijuana market that a state senator said the ruling effectively threw "out all agency regulations," the court on Thursday issued a narrower order that nullifies only certain marketing restrictions.

  • April 04, 2024

    Hawaii Cannabis Legalization Bill Dies In State House

    An effort to legalize adult-use marijuana in Hawaii is effectively dead for this legislative session after Democrats in the state House of Representatives announced they would not deliberate any further on a proposal that had already cleared the state Senate this year.

  • April 04, 2024

    NYC Sues 11 Vape Shops Over Sales Of Flavored E-Cigarettes

    The city of New York on Thursday sued 11 e-cigarette wholesalers, saying they're in violation of both city and federal regulations by selling disposable, flavored vapes, which the city said are responsible for a boom of youth vape use.

  • April 04, 2024

    Feds Take $5.7M Worth Of Ore. Properties Used To Grow Pot

    Federal prosecutors in Oregon say they have finalized asset forfeiture proceedings against 14 properties, together worth $5.7 million, used to cultivate marijuana that was transported and sold in states where the drug remains illegal.

  • April 03, 2024

    Fla. Magistrate Nixes Recusal Bid In CBD Co. Securities Suit

    A Florida federal magistrate judge has shot down an effort to have her disqualified from a securities fraud case against a CBD company for remarks she allegedly made during a March settlement conference, saying the plaintiffs' arguments in favor of recusal were "legally insufficient" to establish bias.

Expert Analysis

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Conn. Regulators Are Coming For Unlawful Cannabis Sales

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    Regulatory and enforcement efforts against unlicensed cannabis sales in Connecticut have been ramping up this year, so it behooves retailers to prioritize compliance with all relevant statutes, lest they attract unwelcome scrutiny, says Eric Del Pozo at Shipman & Goodwin.

  • Potential Marijuana Status Change Would Shift Industry Risks

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    Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • What Big Tobacco's Cannabis Investments Mean For Market

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    The tobacco industry appears to be shoring up investments in the cannabis market, most recently with Philip Morris’ purchase of an Israeli cannabis tech company, pointing to a bright future for vaped and noncombustible products, and signaling that marijuana rescheduling may be on the horizon, say Slates Veazey and Whitt Steineker at Bradley Arant.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • What's Next For Adult-Use Marijuana In Ohio

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    After Ohio voters defeated a proposal that would have made it harder to pass any citizen-initiated constitutional amendment, a state ballot measure to legalize adult-use marijuana has fairly good chances of passing — but advocates still face a long road ahead, say Perry Salzhauer and David Waxman at McGlinchey Stafford.

  • 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.

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