A Deep(er) Dive into Allegations Brought Against CBD Companies: Part II

In our last article, we discussed the potential for litigation faced by CBD companies and analyzed a court’s handling of claims regarding fraudulent inducement. Today, we turn to that scary claim of RICO, or the Racketeer Influenced and Corrupt Organizations Act. For most, this term conjures images of mafia prosecutions. The federal government trying to bring down organized crime with wiretaps and FBI agents raiding social clubs as depicted in various movies. However, the RICO statute is also applied in civil litigation. We will address…
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A Deep(er) Dive into Allegations Brought Against CBD Companies: Part I

With the continued growth of the cannabis industry, we have seen a growing prevalence of litigation across various venues and with varied claims. We previously discussed the potential for products liability class actions related to the vaping crisis as well as conducted a topical exam of potential litigation that could face the section of the industry focused on CBD. This is illustrated when taking a deeper dive into the claims being brought against those creating, manufacturing and distributing hemp-derived CBD products. If you are operating…
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CBD, THC, and the Hazy Boundaries of Product Labeling in the Cannabis Industry

Cannabis is a dynamic plant with tens of thousands of known applications, from clothing and paper to food and medicine. While cannabis has been cultivated for many purposes over thousands of years, much of the recent attention has been on the chemical compounds that are predominant within certain species of the genus, most notably Δ-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). Of course, THC is known for producing the high that users experience when they smoke cannabis. CBD, on the other hand, does not produce a high…
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What is THC (Δ-9-Tetrahydrocannabinol)?

Many people associate cannabis with, “getting high” and in part, they are not wrong. The most commonly known active component of Cannabis sativa and Cannabis indica—two of the most common variants of herbal cannabis, is delta-9-tetrahydrocannabinol. In its natural state, THC is not psychoactive! However, this is a slight chemical misnomer—THC in its natural state on the plant is actually THCa or tetrahydrocannabinolic acid. Merely taking a bite out of cannabis plant material should not have an effect on the consumer aside from providing…
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Cutting Through the Weed(s): A Straightforward Approach to Cannabis and the Law — Part 1

It’s not always easy explaining to your family what you do for a living; less so when it involves cannabis and the law. Fast-forward a few years, many controversial dinner conversations, and one of my family members was diagnosed with peripheral neuropathy[1]. The phrase, “You can’t be serious” was used more than once when I suggested there was credible research that supported cannabis use for the type of pain they were experiencing. Internet research regarding “conventional treatment” options began and my family was…
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