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Cannabis
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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.
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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.
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March 20, 2025
Texas Senators Approve Bill Banning THC Consumables
The Texas state Senate has approved a bill that would broadly ban consumable products with hemp-derived cannabinoids, such as delta-8 THC, sending the legislation to the state House of Representatives.
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March 20, 2025
Injured Workers' Comp Lawyer Wins Coverage Of CBD Oil
CBD oil prescribed to a workers' compensation attorney for a back injury he suffered while loading files into a trial bag must be covered by his firm, the Pennsylvania Supreme Court affirmed on appeal Thursday.
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March 20, 2025
Pot Co. Disputes 'Forgery' Of Service In Banking Suit
A cannabis company is urging an Oregon federal court to reject a venture capital firm's bid to vacate a default judgment in a suit against a defunct cannabis "neobank," saying the evidence shows the suit was properly served and that receipts weren't forged.
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March 20, 2025
NC Statehouse Catch-Up: Helene, Crypto, Curbing The AG
Hurricane Helene is still center stage in the North Carolina General Assembly nearly six months after it tore through a large swath of the state, with the governor signing off on the latest round of funding as one lawmaker seeks to carve out cash to rebuild a destroyed courthouse.
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March 20, 2025
8th Circ. Won't Nix Deportation Of Woman For Pot Offense
The Eighth Circuit declined to review a Board of Immigration Appeals finding that a Mexican national is removable for her conviction of possession of cannabis with intent to deliver, and that the conviction makes her ineligible for cancellation of removal.
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March 19, 2025
Philip Morris Must Face Bulk Of Fla. Zyn Injury Suits
A Florida federal judge trimmed on Wednesday a single fraudulent concealment claim against Philip Morris' subsidiary in a pair of consumer lawsuits alleging ongoing injuries caused by addictions to Zyn nicotine pouches, but the judge refused to toss other claims, rejecting Philip Morris' jurisdictional challenges.
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March 19, 2025
Buyers Oppose Consolidation Of THC Oil False Ad Suits
A proposed class of buyers is urging an Illinois federal judge not to consolidate 10 cases from the same attorneys alleging nearly two dozen cannabis companies mislabel their vapable oil products to get around state regulations.
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March 19, 2025
Court Tosses Challenge To Indiana's Delta-8 THC Policy
An Indiana federal judge has dismissed a challenge brought by hemp industry stakeholders against Indiana's policy to rein in hemp-derived delta-8 THC, saying the case was a matter for a state court.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Pot Co. Can't Upend Borough's Support For Rival Shop
A New Jersey appeals panel won't let a would-be Keyport cannabis dispensary prevent the borough from granting support for a cannabis license to one of its rivals, saying the trial court was right to find that the process was not arbitrary or capricious.
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March 18, 2025
Indiana AG Seeks To Strike Testimony About Hemp Legality
Indiana officials have urged a federal judge to reject expert testimony on the federal legality of hemp and hemp-derived cannabinoids from a pending legal battle over the state's crackdown on delta-8 THC products.
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March 18, 2025
Court OKs Alderman's Constitutional Claim In Hemp Raid Row
A Mississippi federal judge on Tuesday ruled that a city alderman can pursue his constitutional claim against county officials stemming from a raid on a hemp product store during which he was detained and briefly jailed.
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March 18, 2025
Curaleaf Cos. Say Illegal Contract Nixes Farm's $32M Verdict
Curaleaf units that lost a $31.8 million trial in January are urging a Michigan federal court to wipe out the verdict, saying the contract at issue violates federal law, warranting either a judgment as a matter of law or a new trial.
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March 18, 2025
Conn. Coalition Can't Challenge Pot Shop Zoning Approval
A Connecticut state judge has thrown out a challenge by a group of Stamford residents appealing the city zoning board's approval of a cannabis shop location, finding neither the coalition nor its individual members have shown they have standing.
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March 17, 2025
Insurer Drops Claims That Lamp Cos.' Negligence Caused Fire
A Detroit cannabis farm and its insurance company have agreed to drop a lawsuit alleging a host of lighting and gardening equipment manufacturers negligently designed and marketed their products, after a grow lamp malfunction led to a fire that caused more than $8.5 million of damage at a grow facility.
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March 17, 2025
SEC Says Ex-CFO Cooked Pot Co. Acreage's Books
The former chief financial officer of cannabis company Acreage faces U.S. Securities and Exchange Commission allegations that he covered up the company's attempt to inflate its 2019 cash balance with a so-called round-trip transaction involving an affiliate.
Expert Analysis
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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 — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — 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 — like creativity, improvisation and problem-solving — 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 “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.
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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’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.
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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.
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Series
Teaching Yoga Makes Me A Better Lawyer
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.
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A Vision For Economic Clerkships In The Legal System
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.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
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.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
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.
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Series
Swimming Makes Me A Better Lawyer
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.