Cannabis

  • January 03, 2024

    NY Lawmaker Eyes Empowering Cities To Target Illicit Pot

    A recently introduced New York state bill would empower cities to shut down unlicensed cannabis retailers and seize their product, providing a new tool for municipalities attempting to rein in unregulated marijuana sales while the authorized market is still getting off the ground.

  • January 03, 2024

    Hemp Industry Urges Congress To Make Policy Changes

    A coalition of hemp industry organizations on Wednesday unveiled a slate of proposed changes to federal hemp policy they say would improve consumer safety and mitigate some of the onerous regulations that have been in place since Congress legalized hemp in 2018.

  • January 03, 2024

    Ex-Trulieve GC Joins Dorsey & Whitney In Phoenix

    Dorsey & Whitney LLP announced Wednesday that the former general counsel of Trulieve Cannabis Corp. joined the firm's Phoenix office as a partner.

  • January 03, 2024

    The States That Could Legalize Pot In 2024

    For the first time since cannabis was federally outlawed, a majority of Americans now live in states where the drug has been legalized for adult recreational use. Cannabis reformers and attorneys say the number of legal states is likely to grow in 2024.

  • January 02, 2024

    Ayahuasca Church Pushes Back On IRS Claims At DC Circ.

    An Iowa church that has used a federally prohibited psychedelic as part of its rites is contesting the IRS' assertion that it primarily exists for illegal purposes, telling the D.C. Circuit it is committed to obeying the law.

  • January 02, 2024

    Pot Real Estate Crowdfunders Ran $2M Fraud, Suit Says

    An investor has brought a class action against several allegedly sham hemp and cannabis real estate businesses and individuals that he claims were involved in a crowdfunding scheme that fraudulently raised nearly $2 million.

  • January 02, 2024

    2nd Circ. Stubs Out Philip Morris E-Cig Investor Suit

    The Second Circuit has denied a bid from Philip Morris International investors to revive their suit over e-cigarette sales, finding in an opinion that answered questions of first impression that a lower court was right to toss a proposed class action alleging the tobacco giant lied about sales and regulation efforts for its IQOS electronic device.

  • January 02, 2024

    NY Pot Regulators Urge Judge Not To Halt Licensure

    EDITING -- New York cannabis regulators have urged a federal judge to reject a bid to halt marijuana retail business licensure in the Empire State, saying the temporary restraining order sought by a serial cannabis industry litigant would "wreak havoc" on the state's marijuana market.

  • January 02, 2024

    Hemp Cos. Lose Bid To Block New Alaska Rules

    An Alaska federal judge has rejected a bid by a group of hemp companies to bar enforcement of recent state policies reining in the sale of intoxicating products derived from hemp, saying it is unlikely the new rules are preempted by the federal bill that legalized hemp.

  • January 02, 2024

    4 Cannabis Litigation Trends To Watch In 2024

    Cannabis reformers and legalization opponents wage court battles over ballot measures; marijuana businesses challenge federal prohibition directly in the courts; weed entrepreneurs fight state residency requirements on constitutional grounds; and cannabis users seek to vindicate their Second Amendment rights. Here are four major trends in cannabis litigation that Law360 is keeping an eye on in the new year. 

  • January 01, 2024

    5 Supreme Court Cases To Watch This Spring

    "Blockbuster," "momentous" and "historic" are all words that have been used to describe the U.S. Supreme Court's current term as the justices prepare for a spring docket jam-packed with questions over the level of deference courts should give federal agencies, whether and how social media companies should be regulated and whether government efforts to combat misinformation crosses the line between persuasion and coercion.

  • January 01, 2024

    1st Circ. And Mass. High Court Opinions To Watch In 2024

    The First Circuit and the Massachusetts Supreme Judicial Court will start 2024 with a pile of cases that have been briefed, argued and buttoned up for the appellate panels, including Mexico's bid to hold gunmakers liable for cartel firearm trafficking, a town's novel attempt to ban tobacco, and exactly how to handle a defense attorney who allegedly slept through parts of his client's murder trial.

  • January 01, 2024

    Will The DOJ Reschedule Cannabis In 2024?

    Federal regulators are mulling a recommendation from health officials that purportedly advises loosening restrictions on cannabis, but the details of the recommendation have never been made public, and the upshot of rescheduling is far from clear.

  • January 01, 2024

    Product Liability Regulation And Legislation To Watch In 2024

    Among the regulatory and legislative issues that product liability attorneys will be watching are increased enforcement activity by federal regulators over unsafe consumer products and how changes to civil procedure rules will shape how mass torts are run.

  • January 01, 2024

    New Jersey Cases To Watch In 2024

    In the coming year, May 6 looms large for New Jersey court watchers with two high-profile federal bribery cases scheduled to go to trial. One case — the prosecution of two former executives of Cognizant Technology Solutions Corp. — has taken years to get to trial. The other case — which accuses Sen. Robert Menendez, his wife and three businessmen of a bribery conspiracy — is proceeding much more swiftly, with the indictments having been handed down on Sept. 22.

  • December 22, 2023

    Disciplinary Hearing For Mass. Pot Chair OK'd By Judge

    A disciplinary hearing that could lead to the removal of the chair of Massachusetts’ cannabis regulatory board will be allowed to go forward, after a judge on Friday found that officials had adequately addressed concerns about due process.

  • December 22, 2023

    Biden Issues Pardons For Federal Marijuana Offenses

    President Joe Biden has announced unconditional pardons to anyone who has used, possessed or attempted to possess marijuana on federal lands, regardless of whether they have been convicted or charged.

  • December 21, 2023

    Pot Exec Accused Of Smear Campaign Says Boss Outed Him

    The former chief operating officer of a cannabis consulting company who's facing a lawsuit filed in Colorado state court by his previous employer and its CEO has leveled counterclaims alleging he was the real victim of a smear campaign and that they outed him in the industry as a gay man.

  • December 21, 2023

    FDA Cracks Down On Vapes Resembling Jack Daniel's Bottles

    The U.S. Food and Drug Administration does not like pina colada flavored vapes or those shaped like liquor bottles, according to another round of warning letters sent to retailers caught selling unauthorized products that appeal to young people.

  • December 21, 2023

    Court Appoints Receiver To Settle Seattle Pot Shop Debts

    A Washington state court has appointed a receiver to take over the assets of a Seattle-area cannabis company that's been accused of bilking an ex-business partner to whom it owes a nearly half-million-dollar settlement by putting its dispensary licenses in jeopardy, twice.

  • December 21, 2023

    Calif. AG Says Interstate Pot Law Carries Legal Risk

    The California attorney general has issued an official opinion saying he could not find that there would be no significant legal risk to the state in implementing a law regulating interstate cannabis commerce, saying some courts could find the law preempted by the federal Controlled Substances Act.

  • December 21, 2023

    Juul Seeks FDA OK For Menthol Vape With Age Limits Tech

    Juul Labs has asked the Food and Drug Administration to approve its "next-generation" vapor platform for menthol-flavored pods that would require age verification in an effort to restrict underage access and improve the user experience.

  • December 20, 2023

    Hemp Co. Defendant Tells Court He Received Death Threats

    The owner of two hemp processing companies being sued in an investment dispute told a Colorado federal judge this week that he and his attorney have received two death threats since the lawsuit began.

  • December 20, 2023

    Cigar Co. Sparks TM Row Over 'Dragon' Brand, Chinese New Year

    A company behind a variety of Dragon branded cigars wants to be the only tobacco company allowed to use the "Year of the Dragon" phrase and is urging a Florida federal court to block a competitor's sales ahead of the Chinese New Year.

  • December 20, 2023

    NY Pot Regulators Sued Again Over Licensure Program

    A lawyer whose companies have filed numerous lawsuits challenging state and local cannabis licensure programs has launched a new action against New York marijuana regulators, alleging their plan to award retail licenses unconstitutionally discriminates against out-of-state residents.

Expert Analysis

  • 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.

  • Rare Reg A+ Fines Reflect New Era Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's recent announcement of civil penalties against 10 microcap companies for violations of Regulation A+ shows that as the SEC continues to expand its enforcement efforts, its focus remains on protecting investors of all sizes — including those investing in the historically less-scrutinized Reg A+ issuers, say attorneys at Crowell & Moring.

  • Cannabis Plain Packaging Rules: Examples And Opportunities

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    States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Cannabis Consumption Lounges Face Unique Liability Risks

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    As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.

  • What Justices' Pork Ruling Means For Interstate Cannabis

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    The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Complex Hemp Processes Need Nimble Regulatory Approach

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    Since the 2018 Farm Bill legalized hemp and certain hemp-derived products, THC limits have presented different issues at each stage of the complex production process, revealing the need for continued adjustments and flexible regulations as Congress deliberates the 2023 Farm Bill, says David Kouba at Arnold & Porter.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • Opinion

    Calif. Policymakers Should Aid Crashing Cannabis Market

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    As California’s cannabis sector nears the brink of financial collapse, it may be time for the state government to seriously consider potential bailout programs for the embattled industry — though the crisis also presents strategic buying opportunities for those with a high tolerance for uncertainty, says Michelle Mabugat at Greenberg Glusker.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • NYC Cannabis Landlord Accountability Law Has Limitations

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    A recently passed bill in New York City, aiming to crack down on the illegal cannabis market by levying fines against landlords who knowingly lease to unlicensed sellers, contains loopholes that may potentially limit the bill’s impact and lead to unintended consequences, say attorneys at Falcon Rappaport.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

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