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Cannabis
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March 28, 2025
Cannabis Equipment Biz Can't Speed Up Canada Import Case
The U.S. Court of International Trade has ruled that a cannabis equipment company cannot expedite its case challenging the hurdles it faces importing from Canada, saying the business has not presented good cause to have the matter fast-tracked.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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2 Regulatory Approaches To Psychedelic Clinical Trials
Comparing the U.S. and Canada's regulatory frameworks for clinical trials of psychedelic drugs can be useful for designing trial protocols that meet both countries' requirements, which can in turn help diversify patient populations, bolster data robustness and expedite market access, say Kimberly Chew at Husch Blackwell and Sabrina Ramkellawan at AxialBridge.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge鈥嬧嬧嬧嬧嬧嬧 at聽Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys鈥 early training and broader societal stereotypes 鈥 but developing one鈥檚 emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef 鈥 seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat 鈥 thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Investors Can Aid In The Acceptance Of Psychedelic Medicine
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.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
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.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills 鈥 like creativity, improvisation and problem-solving 鈥 that contribute to the success of my legal career, says attorney Kenneth Greene.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
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.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
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.
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Using A Children's Book Approach In Firm Marketing Content
From 鈥淭he Giving Tree鈥 to 鈥淲here the Wild Things Are,鈥 most children鈥檚 books are easy to remember because they use simple words and numbers to tell stories with a human impact 鈥 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.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I鈥檝e learned 鈥 such as triage, empathy and preparedness 鈥 are just as useful in my work as a restructuring lawyer, says Marshall Huebner at聽Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
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.