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Cannabis
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June 17, 2024
Maryland Gov. Moore Grants Sweeping Marijuana Pardons
Maryland Gov. Wes Moore on Monday announced that he had signed an executive order pardoning more than 175,000 convictions for possession of marijuana and marijuana paraphernalia.
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June 17, 2024
McCarter & English Adds Armstrong Teasdale Real Estate Atty
McCarter & English added a partner in New York and New Jersey on Monday with experience in transactional real estate for healthcare industry clients and in guiding cannabis companies on compliance and commercial agreements.
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June 14, 2024
Court Says NYC Can Intervene In Cannabis TM Fight
New York City is looking to kill a Manhattan entrepreneur's trademark lawsuit over a cannabis themed cruise he claims stole his logos when advertised on Facebook, with the municipality arguing the businessman has been previously ordered to stop using its "NYC" logo.
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June 14, 2024
4th Circ. Urged To Toss Cannabis Dormant Commerce Suit
Maryland cannabis regulators have told the Fourth Circuit that a lower district court judge was right to deny a California entrepreneur's bid to halt all social equity licensure and that the state's policies do not discriminate against out-of-state players.
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June 14, 2024
Mass. Pot Regulators Lift Ban On Shipping To Islands
Massachusetts cannabis regulators approved an administrative order that will allow retailers on the islands of Martha's Vineyard and Nantucket to source their pot from mainland suppliers.
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June 13, 2024
NYC Sued Over Policy Targeting Unlicensed Pot Stores
More than two dozen New York City retailers have launched a proposed federal class action against the city alleging that enforcement of a new policy targeting stores for selling cannabis without a license has resulted in the unconstitutional closing of hundreds of businesses.
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June 13, 2024
New Hampshire Bill To Legalize Marijuana Dies In State House
An effort to legalize marijuana for adult recreational use in the state of New Hampshire is effectively dead after the state House of Representatives on Thursday voted narrowly to table the bill for the remainder of the session.
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June 13, 2024
Hemp Co. Sues SD Gov. Over New Cannabinoid Law
A South Dakota hemp company on Thursday filed a federal lawsuit against the state's governor and attorney general over a new law due to take effect next month that would ban the processing of hemp derivatives into intoxicating products.
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June 13, 2024
Cannabis Cos. Make Deal Ahead Of Expected DEA Downgrade
An attorney and cannabis entrepreneur is betting that the federal government will reschedule marijuana before winter, announcing his equipment manufacturing firm will ally with a Native American-owned cannabis oil processing company to build out a pharmaceutical cannabis extraction facility.
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June 12, 2024
NM Pot Store Chain Unlawfully Keeps Tips, Budtenders Say
A cannabis retail chain in New Mexico is accused of unlawfully taking tips from its budtenders under the premise that the money would be donated to a charity, according to a proposed class action filed Wednesday in federal court.
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June 12, 2024
Wash. Urges 9th Circ. To Toss Pot Licensure Challenge
Washington's cannabis authority has asked the Ninth Circuit to reject an effort by an out-of-state retailer to block the state's social equity program from awarding retail licenses, arguing that a motion for preliminary injunction is moot now that the trial court has tossed the entire lawsuit with prejudice.
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June 12, 2024
Massachusetts Pot Shop To Take Union Fight To 1st Circ.
A Massachusetts cannabis retailer found to have engaged in union busting is appealing a district court order that directed it to bargain with a United Food and Commercial Workers local and to offer to rehire two fired union supporters.
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June 11, 2024
Hedge Fund Anson Settles With SEC Over Cannabis Shorts
The American and Canadian entities overseeing hedge fund Anson Funds agreed on Tuesday to pay $2.25 million to end a U.S. Securities and Exchange Commission investigation into their allegedly hidden relationship with an activist investment firm that shorted a pair of cannabis stocks.
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June 11, 2024
Miss. Urges 5th Circ. To Approve Ban On Medical Pot Ads
The state of Mississippi has told the Fifth Circuit that it should uphold state restrictions barring advertising for medical marijuana, saying that the First Amendment cannot protect such speech because marijuana is federally illegal.
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June 11, 2024
Cannabis Co. Sued Over Veteran's Psychotic Episode
A U.S. Navy veteran says a psychotic episode he experienced after smoking cannabis led to him shooting his girlfriend and two dogs.
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June 11, 2024
NY State Pot Regulators OK Adult-Use Homegrow
New York state cannabis regulators gave final approval Tuesday to regulations allowing the home cultivation of marijuana for adult recreational use.
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June 11, 2024
Cigar Co. Can Keep Using Contested 'Dragon' Name For Now
A tobacco company facing a rival's copyright infringement lawsuit over its "Year of the Dragon" cigar boxes can keep using the phrase on products, a Florida federal judge ruled, declining to say the plaintiff is the true owner of the phrase because the company hasn't secured the trademark just yet.
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June 11, 2024
FDA Urges 11th Circ. To Back E-Cig Ban Over High Nicotine
The U.S. Food and Drug Administration is urging the Eleventh Circuit to not let Bidi Vapor market an e-cigarette product that the agency claimed would expose users to nearly twice as much nicotine as a typical combustible cigarette.
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June 10, 2024
DOJ, FDA Form Task Force To Crack Down On Illegal E-Cigs
The U.S. Department of Justice and the U.S. Food and Drug Administration on Monday said that a federal multi-agency task force has been founded to stop illegal sales of e-cigarettes.
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June 10, 2024
NY Governor Appoints New Interim Head Of Pot Regulator
New York Gov. Kathy Hochul on Monday announced new leadership appointments to the state's cannabis regulator, following the release of an investigative audit that blasted the agency for inefficiencies and precipitated the stepping down of its inaugural executive director.
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June 10, 2024
Calif. Cannabis Co. Stiiizy Wants Delta-8 Product Suit Tossed
A California cannabis company urged an Illinois federal judge to toss a consumer-led false advertising lawsuit alleging it put higher levels of THC in its vape pens than federally allowed, saying the buyers didn't even purchase the one product that was allegedly tested.
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June 10, 2024
Juul Ends FOIA Suit Over FDA E-Cig Decisions
Vaping company Juul Labs Inc. has agreed to drop its Freedom of Information Act lawsuit against the U.S. Food and Drug Administration that sought to obtain documents related to the agency's order requiring its e-cigarettes to be pulled off the market.
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June 10, 2024
9th Circ. To Hear Args In Psilocybin Right-To-Try Case
A Ninth Circuit panel will hear oral arguments in August in an appeal brought by a Seattle doctor seeking to administer psilocybin to terminal cancer patients under state and federal right-to-try laws.
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June 07, 2024
'Why Are You Even Here?' Judge Prods Big Tobacco
A Washington state appellate panel on Friday criticized Philip Morris USA Inc. and other tobacco companies for attempting to pay the state less under a 1998 master settlement agreement, with one judge asking a Big Tobacco attorney why they were in court in the first place.
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June 07, 2024
Scotts Miracle-Gro Hit With Suit Over Sales Channel 'Stuffing'
A pension plan investor of Scotts Miracle-Gro has filed a class action suit against the lawn and garden care company and several former and current executives, alleging they misled investors about the company's inventory levels, debt covenant compliance and financials.
Expert Analysis
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Opinion
Laws Based On Rapid Drug Tests Are Unscientific And Unfair
Given the widespread legalization of marijuana, states are increasingly implementing laws to penalize drivers under the influence of drugs, but the laws do more harm than good as the rapid tests they rely on do not accurately measure impairment, say Josh Bloom and Henry Miller at the American Council on Science and Health.
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Avoid Telehealth Pitfalls In A Post-Pandemic Environment
As federal and state governments roll out various changes to regulation of telehealth services, health practitioners should remain vigilant and ensure that necessary professional standards — such as proper note-taking and documentation — are not neglected in a remote environment, say attorneys at Kaufman Borgeest.
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3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense
The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
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.
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Conn. Regulators Are Coming For Unlawful Cannabis Sales
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.
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Potential Marijuana Status Change Would Shift Industry Risks
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.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
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.
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What Big Tobacco's Cannabis Investments Mean For Market
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.
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To Hire And Keep Top Talent, Think Beyond Compensation
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.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
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.
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Identifying Trends And Tips In Litigation Financing Disclosure
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.
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What's Next For Adult-Use Marijuana In Ohio
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.
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2023 Farm Bill Could Follow Md., Minn. Or NY's Lead On Hemp
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.
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What's Notable In Connecticut's New Cannabis Laws
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.