A Circuit Split Over HSIs? / Ohio's Adult-Use Law / Nevada's New Regulator / Democrats' Legalization Plea
Did the 2018 Farm Bill preempt states from regulating hemp-synthesized intoxicants? Federal courts have offered two different answers so far.
December 07, 2023 at 04:10 PM
7 minute read
Higher Law
Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento
This week we're looking at:
- A potential circuit split over hemp-synthesized intoxicants.
- The first day of Ohio's adult-use law.
- Nevada's new cannabis regulator.
- Democratic governors' plea for legalization.
Thanks as always for reading. Got a story idea or feedback? You can send it all to me at [email protected]. You can also call me at 916.448.2935. Follow me on Twitter: @capitalaccounts
Large marijuana field ready for harvest at a hemp farm in Southern Oregon. Credit: Justin Briggs/Adobe Stock Will the Debate Over Hemp-Synthesized Intoxicants Reach the Supreme Court?
A potential circuit split is developing over the legality of so-called hemp-synthesized intoxicants, or HSIs, the psychoactive cannabinoids such as Delta-8 and Delta-10 that can be found in products readily sold without restrictions in many smoke shops and convenience stores.
While state-regulated cannabis is subject to testing, tracking and labeling restrictions, HSIs exist in a legally gray world often free of such oversight. Some manufacturers argue that since the 2018 Farm Bill legalized hemp, products derived from the non-intoxicating cannabis cousin are free of regulations blanketing state-legal marijuana—even though lab work gives HSIs a psychoactive punch.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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