Commercial Litigation Update

Cannabis has become big business in this country. In 2022, U.S. medical and recreational cannabis sales reached $30 billion. In fact, last year, Americans spent more money on marijuana than chocolate and craft beer combined. By 2027, sales are projected to reach more than $53 billion.

Like any other enterprise, those in the cannabis industry experience typical business disputes, ranging from vendor under/lack of performance, to issues with governmental regulatory bodies. Sometimes those disputes require cannabis businesses to resort to the courts to resolve those issues ...

In a brush-back pitch to DOJ opioid initiatives, the U.S. Supreme Court this past June issued an important decision clarifying the mental state the government must establish to convict a licensed medical professional of illegal drug distribution under the federal Controlled Substances Act (“CSA”). No longer can a doctor be convicted of such a crime based on objectively unreasonable prescribing practices alone. The government now must show that the medical professional subjectively, knowingly, and intentionally prescribed a controlled substance with no legitimate medical purpose. While unlikely to materially impact the number of DOJ opioid prosecutions, the case will no doubt inform charging decisions in marginal cases and will support important defense arguments at trial.