Cannabis

  • July 01, 2024

    Catching Up With Delaware's Chancery Court

    Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.

  • July 01, 2024

    Judge Won't Block Iowa Hemp Law Regulating THC Limits

    An Iowa law that imposes new restrictions on products with hemp-derived THC went into effect Monday after a federal judge, who previously expressed "serious concerns" about the statute's constitutionality, declined to grant a temporary restraining order halting its enforcement.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    R.I. Pot Residency Rule Unconstitutional, Fla. Resident Claims

    Rhode Island is hogging all the "enormous economic opportunities" associated with retail cannabis for state residents, according to a federal lawsuit filed by a Florida entrepreneur who claims the Ocean State's residency requirement is unconstitutional.

  • June 28, 2024

    Iowa's Hemp Law Could Be 'Unconstitutionally Vague'

    A federal judge on Friday suggested she'd consider blocking an Iowa hemp law, set to go into effect Monday, which would impose new restrictions on THC levels and dole out criminal penalties, saying the statute "potentially raises due process concerns."

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Conn. Court Shouldn't Hear Anti-Dispensary Appeal, City Says

    A Connecticut appeals court should not hear a case brought by an anti-cannabis organization in Stamford that is trying to undo a court-approved settlement that allowed for the opening of a dispensary, the city's Zoning Board has argued.

  • June 28, 2024

    Chancery Court, Not Accountant, To Resolve Curaleaf Dispute

    A post-merger dispute between cannabis dispensary giant Curaleaf and the former owner of a multistate cannabis operation it acquired in 2022 must be resolved by Delaware's Court of Chancery and not an independent accountant, the court's chancellor said Friday.

  • June 28, 2024

    Buttigieg Says Rescheduling Pot Would Not Alter DOT Policy

    If the U.S. Department of Justice were to loosen federal restrictions on marijuana as it has proposed, it would not affect the U.S. Department of Transportation's authority to screen for the drug, Transportation Secretary Pete Buttigieg told members of Congress.

  • June 28, 2024

    Nationwide Cert. Rejected In Suit Over Stolen Curaleaf Tips

    An Illinois federal judge conditionally certified a class of Curaleaf hourly employees in Illinois, Arizona and Massachusetts, but denied a bid to certify a nationwide class of all Curaleaf hourly employees "based on pure speculation," in a suit alleging managers at its cannabis dispensary locations around the country stole the contents of tip jars.

  • June 28, 2024

    IRS Reminds Marijuana Businesses They Can't Get Tax Breaks

    The Internal Revenue Service sought to remind taxpayers Friday that businesses selling marijuana, even in states where it's legal, are not entitled to federal tax deductions, saying some taxpayers are filing invalid claims for refunds through amended returns.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    Roche Freedman, Ousted Ex-Partner Settle Ahead Of July Trial

    The law firm formerly known as Roche Freedman LLP and ousted partner Jason Cyrulnik informed a New York federal judge Thursday they've cut a confidential deal to resolve their contentious legal battle over Cyrulnik's departure, ending the litigation weeks before the case was set to go to a jury trial.

  • June 27, 2024

    CBD Cos. Say Iowa Hemp Law Could Destroy State Industry

    A slew of hemp retailers, farmers, manufacturers and distributors urged a federal judge to block a law allowing the state to impose new rules over the hemp industry, set to go into effect Monday, saying the regulations would wipe out "the entire consumable hemp industry in Iowa."

  • June 27, 2024

    NY Regulators Say Pot Companies' Bid Would Ruin Industry

    New York's cannabis authority has urged a state court to toss a lawsuit seeking to invalidate hundreds of retail permits over claims that the agency gave special treatment to certain applicants, arguing that granting such a request would be "financially ruinous" for many and detrimental to the "emerging retail cannabis industry."

  • June 27, 2024

    SD State's Atty Agrees Not To Enforce Hemp Law

    A South Dakota hemp company challenging a new state ban on the processing of hemp derivatives into intoxicating products has agreed to drop its claims against a local state's attorney in exchange for her agreement not to enforce the policy while the lawsuit plays out.

  • June 27, 2024

    Cannabis Co. Settles Lender Suit After Regulator Delays

    Troubled cannabis company Parallel settled a suit with three lenders who alleged a "self-dealing scheme" within the company after spending about a year trying to finalize the agreement and clear regulatory hurdles in various states.

  • June 26, 2024

    Gas Co. Settles Fired Hemp User's Disability Bias Suit

    An industrial gas manufacturer agreed to settle a worker's suit previously revived by the Sixth Circuit claiming he was illegally fired after he tested positive for marijuana, results that he said were false and derived from his use of legal hemp to treat pain following cancer surgery.

  • June 26, 2024

    Calif. Investors Drop Fraud Suit Against Cannabis Group

    Three Southern California businessmen who claim to have invested $9.1 million into a cannabis operation only to see no returns have pulled back their lawsuit against the company before it had a chance to answer.

  • June 26, 2024

    Disabled Patients Can't Access Psilocybin, Ore. Suit Claims

    A group of psilocybin facilitators are suing the Oregon Health Authority in federal court, alleging that the state's treatment program's refusal to let them administer the drug in places other than specific service centers violates the Americans with Disabilities Act.

  • June 26, 2024

    Akerman Adds Foley Hoag Corporate Atty In DC

    Akerman hired a competition counsel from Foley Hoag LLP in Washington who spent the past four and half years representing clients in a range of antitrust matters.

  • June 25, 2024

    Medical Marijuana Bill Sent To NC House After Senate Sign-Off

    The North Carolina Senate has approved a bill that would legalize medical marijuana statewide as part of larger legislation boosting hemp regulations and outlawing the use of three other drugs in the Tar Heel state.

  • June 25, 2024

    Pot Cos. Push Back On Calif. City's Bid To Toss $5.4M Fee Suit

    Six cannabis companies are fighting the California city of Cudahy's bid to dismiss a suit alleging that the city reneged on a promise to waive $5.4 million in fees accrued during the COVID-19 shutdowns, saying the motion largely disputes allegations that the court has to accept as true under a motion to dismiss.

  • June 25, 2024

    Calif. Pot Co. Accused Of 'Lab Shopping' To Skirt Safety Rules

    A California marijuana cultivator has been accused of selling cannabis products with unacceptable levels of contaminants, getting around state requirements by seeking out laboratories that turned a "blind eye" to its crops' impurities, according to a proposed class action.

Expert Analysis

  • Investors Can Aid In The Acceptance Of Psychedelic Medicine

    Author Photo

    Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

    Author Photo

    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

    Author Photo

    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

    Author Photo

    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

    Author Photo

    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

    Author Photo

    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Series

    Being An EMT Makes Me A Better Lawyer

    Author Photo

    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Exploring An Alternative Model Of Litigation Finance

    Author Photo

    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

    Author Photo

    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

    Author Photo

    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Opinion

    State-Regulated Cannabis Can Thrive Without Section 280E

    Author Photo

    Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

    Author Photo

    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Series

    Swimming Makes Me A Better Lawyer

    Author Photo

    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • What 100 Federal Cases Suggest About Changes To Chevron

    Author Photo

    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • Don't Use The Same Template For Every Client Alert

    Author Photo

    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Cannabis archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!