While we may be in the final days, months, or years of it, the use and possession of cannabis remains illegal under the federal Controlled Substances Act.  So do the complications.

Some states allow its use for medical purposes, others have made it legal for recreational purposes, and others have decriminalized it. But when cannabis is involved in disputes that lead to litigation, and that litigation leads to policyholder vs. insurer disputes, that state law patchwork and the illegality of cannabis under federal law are when things get complicated. This tension plays out in several other aspects of running a cannabis business, such as banking and interstate transportation of goods.

My guests co-wrote an article for the Journal on Emerging Issues in Litigation, titled “Taking the High Ground: Where Cannabis Insurance Litigation Is Trending (and Why).” They write that it is up to litigators to frame their cases in ways that will determine the outcome of important disputes over insurance coverage. Read the article. 

They are John B. McDonald, an experienced litigator practicing in the Seattle and New York offices of Harris Bricken, where he represents clients in complex commercial, insurance, and partnership matters. Jihee Ahn is also an experienced complex commercial litigator with Harris Bricken and chair of the firm’s Dispute Resolution/Litigation practice group. Their partner, Hilary Bricken, years ago founded the outstanding Canna Law Blog, a tremendous resource. Hilary and Harris Bricken co-founder Dan Harris is on the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation and this podcast.

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If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com.

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Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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FILED UNDER: Complex Litigation | Constitutional | Insurance Coverage​​
TAGS: Cannabis | Corporate & Securities | Emerging Litigation & Risk | Insurance Companies