Marijuana-Related Litigations

Lady Justice statue superimposed in front of marijuana leaves.

Sterling Anthony, Product Packaging Expert

Along with expanding efforts for legalization or decriminalization of cannabis for medical and recreational use across the United States, an increase in marijuana-related litigations is anticipated in coming years. To better understand current industry trends and relevant legal considerations, our team spoke with Sterling Anthony, Product Packaging Expert.

Summarize your experience as an expert on the subject.

I am a business consultant and legal expert, specializing in packaging, marketing, human factors/ergonomics, and logistics. Back when indicators signaled the possible legalization of marijuana, I began to consider its impact on industries such as food and beverage, pharmaceutical, medical, and personal healthcare. Since then, I have been a consultant to Detroit’s City Council, Michigan’s Cannabis Regulatory Agency, and various companies. I also have contributed as an expert in several lawsuits involving products that contain marijuana-derivatives or similar substances.

What are some changes that have occurred since your 2015 article, “What pot edibles portend for packaging?”

The driving engine has been the pressures exerted on political operatives to decriminalize the use of marijuana, which has proven effective at a state-levels thus far. As for trends, the associated tax revenues provide an incentive for other states to legalize. Without federal legalization, however, companies are limited in formulating national strategies. Present and forecasted volumes, nonetheless, continue to attract companies of varying sizes. The supporting network of wholesalers and retailers is expanding, in accordance.

What are some effects of industry-growth on litigation?

Just as other industries experience conflicts requiring legal resolution, the marijuana-related industry is no exception. Litigations will increase as a consequence of the expansion of the industry. Marijuana-related cases share much in common with cases involving other products; even so, there are specific differences.

What are some pertinent factors for personal injury attorneys to consider?

The starting factor is the at-issue substance, such as CBD, THC, hashish, Kratom, etc. Then there’s the form in which the substance is provided, for example, pre-rolled, edibles, oils, concentrates, vaporizers, tinctures, and topicals. Other factors include potency, dosage, packaging, labeling, instructions, and warnings. Regulations, standards, and best practices are also at play. Taking all of the aforementioned into consideration, Plaintiff attorneys devise their allegations and Defense attorneys devise their affirmative responses.

Read Sterling Anthony’s 2015 article “What pot edibles portend for packaging” here.

Categories: Product Liability | Sterling Anthony

Tags: Cannabis | Consumer Safety | Medical Marijuana | Product Packaging


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