Even the most responsible hemp operator should understand that it operates in a world full of risk. But I doubt many of them believe they might be accused of racketeering. Last week, the U.S. Supreme Court heard arguments about whether to sanction a commercial trucker’s attempt to bring a racketeering claim against CBD companies, whose
Litigation
Cannabis and Civil Litigation: Has the Cannabis Industry Finally Met Its Most Dangerous Foe?
They say the first step is admitting you have a problem. My name is Whitt, and I’m a recovering litigator. I’ve spent years sending ugly letters and playing a zero-sum game with strangers, and it generally didn’t lead to a bunch of happy days at the office.
But ever since we started our Cannabis Industry…
Cannabis Businessman Learns the Perils of the Not-So “Fine Print” – A Sobering Lesson For Us All
Not every blog post contains earth-shattering news. Count this among that group, but I encourage you not to ignore the implications and possibly the forecasting for cannabis operators in litigation going forward in this little case in Washington.
A federal judge in Seattle has ruled that a cannabis businessman cannot maintain his claim against local…
Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit
When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v. Airgas USA, LLC, et al. is instructive.
Blowing Smoke
In October 2019, Airgas hired…
It’s Time to Move On: Litigation Regarding Alabama Medical Cannabis Commission Needs to Come to a Head
Maybe it was inevitable. Anyone who has seen another state award competitive licenses for a limited number of cannabis operators knew well that Alabama’s process would result in litigation. That was not an indictment of Alabama or those appointed to select licensees; rather, it was the natural next step of a hard-fought contest in which…
Navigating the Cannabis Fog: Litigation Ensues Over Legality of Delta-8 and Delta-10
The stratospheric rise of products containing ∆8-tetrahydrocannabinol (Delta-8 THC) and ∆10-tetrahydrocannabinol (Delta-10 THC), both of which can cause psychoactive effects similar to ∆9-THC (the substance codified as “marihuana” by the federal Controlled Substances Act), have raised questions regarding these products’ legality under federal and state law. Recent litigation developments have indicated a possible trend toward…
What Happens When Everyone Isn’t So Chill? Confessions of a Litigator in the Cannabis Industry
I have a confession that may not make me very popular around these parts: I am a litigator. That means I am cynical, jaded, grumpy, and always see the worst in people and situations. And while that may make me a bad choice for your cocktail party, it allows me to talk about a subject that…