CannaBizDisputes™

NY State Bar ethics opinion firmly supports lawyers counseling adult-use cannabis businesses.

Unlike in New York, Georgia Supreme Court holds that lawyers cannot counsel clients about commercial cannabis.

Justice Thomas raises doubts about the Federal prohibition of Intrastate Commercial cannabis activity.

On January 27, 2021, NY’s cannabis Czar’s Norman Birenbaum and Alex Bernabe spoke at the New York Bar Association Cannabis Committee meeting. These are the key takeaways on NY adult-use cannabis.

A recent California state appellate decision makes clear that cannabis companies and counsel need to pay careful attention to differences in state illegality doctrines when deciding where and how to pursue operations.

Rhode Island may be the next state to legalize recreational adult-use marijuana.

Class action pending FDA issuance of CBD regulations.

Potential RICO liability for marijuana producer.

On January 13, the Superior Court of New Jersey, Appellate Division, found that New Jersey’s Medical Marijuana Act was not preempted by the federal Controlled Substances Act, and that the defendant was required to reimburse its former employee for the cost of his medical marijuana pursuant to the State’s Workers’ Compensation Act.

Potential buyer uses litigation and arbitration to try to avoid acquisition.

A recent decision from the Northern District of California provides a useful roadmap for how companies in the cannabis industry might successfully stave off class action lawsuits by ensuring that their disputes are resolved through arbitration.

Justice Schecter recently compelled arbitration in a dispute between cannabis investors in Broumand v. Abbot, No. 655954/2018, 2019 WL 4899058 (N.Y. Sup. N.Y. Cnty.), based solely on corporate governance documents rather than a signed arbitration agreement.

Federal courts experiencing uptick in cannabis-related employment litigation.

California federal court splits the baby in cannabis IP decision.

Supreme Court denies Certiorari in cannabis case.

Second Circuit Emphatically Inserts Itself Into the Federal Cannabis Debate.

New York Court orders production of plaintiff’s cannabis dispensary records.

Illinois Appellate Court contemplates a court-run cannabis dispensary.

California federal court dismisses civil RICO claims, but cannabis businesses may face increased risk going forward.

District of Nevada declines to dismiss cannabis-related contract dispute.