As the cannabis economy tanks (with the exception of states that just came online for medical and/or adult-use), cannabis litigation is picking up. Most of this litigation revolves around partnership disputes, unpaid bills, breached contracts, and solvency. All cannabis entrepreneurs and businesses should be mindful of cannabis litigation trends, especially in these lean times. To make your lives easier, below is the list I’m keeping of cannabis lawsuits and litigation trends to watch and study this summer and into fall, beyond run-of-the mill partnership and small business contests.
Cannabis-related gun bans
Cannabis users cannot own or possess firearms under federal law. This is true even in states where cannabis is legal, and even for medical patients. These gun rights are very likely going to be held unconstitutional, and already have been in multiple federal cases (see here and here). But the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is clinging to them nevertheless. Even in states that legalize cannabis, gun buyers must fill out an ATF 4473 form which asks for a “Yes” or “No” to the following:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The
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