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Cannabis

March 28, 2025
Pot Co.'s Challenge To DEA Admin Procedures Dismissed

A Rhode Island federal judge on Friday dismissed a cannabis company's challenge to the lawfulness of U.S. Drug Enforcement Administration internal administrative law proceedings, finding that the company had failed to show how those procedures would harm it.
March 28, 2025
Nitrous Oxide Makers, Sellers Sued Over 'Whippet' Death

The estate of a woman who died after inhaling nitrous oxide as a recreational drug is suing makers and sellers of the canisters, alleging they are knowingly selling them to be used as "whippets."
March 28, 2025
Vape Co. Sued Over Burns From Exploding Battery

A North Carolina man is suing a Chinese vape company and its American affiliate in federal court, alleging that a vape they made and sold him exploded when the battery inside it short-circuited, leaving him with second- and third-degree burns.
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.
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.
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.
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,聽however, seemed willing to disregard that admonition.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

Expert Analysis

Opinion

6 Changes I Would Make If I Ran A Law School

Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
How Landlords Can Navigate Cannabis-Related Leases

As the cannabis industry continues to rapidly grow, landlords should consider a variety of lease terms and operational details that may help mitigate uncertainty involving federal laws, zoning restrictions and tax implications, says Kyla Baker at Holland & Knight.
Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

Partner mobility data suggests that the third quarter of this year continued to be a buyer鈥檚 market, with the average candidate demanding less compensation for a larger book of business 鈥� but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥� approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

Cases can appear complex for several reasons 鈥� due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥� but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
Series

Gardening Makes Me A Better Lawyer

Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
What New Calif. Law Means For Cannabis Lounges

With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model 鈥� but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
Litigation Inspiration: Reframing Document Review

For attorneys 鈥� new ones especially 鈥� there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
Series

Flying Makes Me A Better Lawyer

Achieving my childhood dream of flying airplanes made me a better lawyer 鈥� and a better person 鈥� because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
Series

Circus Arts Make Me A Better Lawyer

Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
3 Ways To Train Junior Lawyers In 30 Minutes Or Less

Today鈥檚 junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
The Bar Needs More Clarity On The Discovery Objection Rule

Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
Series

Being A Navy Reservist Makes Me A Better Lawyer

Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
Incoming Admin May Shake Up Life Sciences Regulation

Though President-elect Donald Trump has not yet articulated policy priorities regarding the life sciences industry, the sector is positioned to see significant changes that could affect everything from drug exclusivity and generic drug approvals, to the availability of over-the-counter drugs, to laboratory-developed tests and digital health, say attorneys at Morgan Lewis.
So You Want To Move Your Law Practice To Canada, Eh?

Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you鈥檙e an attorney considering a move to the Great White North, you鈥檒l need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.