My organization, Cannabis Industry Victims Educating Litigators (CIVEL), educates attorneys to understand the damage that marijuana use causes and how to litigate these cases on behalf of people who have been injured. As part of this crucial work, CIVEL is also involved in marijuana litigation. The following lawsuits, which CIVEL is involved in, show how dangerous weed and hemp-derived THC are and why we need every safeguard against them imaginable.
New Jersey Hemp Psychosis Case
A victim of Big Cannabis is seeking to hold it accountable for the terrifying mental health disorder he suffered after using intoxicating hemp cannabis products. He was an athletic professional who has won many accolades and holds records. While training, he began consuming intoxicating hemp products. He became psychotic and suicidal, suffered from extreme delusions and paranoia, and was hospitalized.
The plan upon discharge was for him to attend a rehabilitation facility. After flying home, he and his parents took a car from the airport. At this time plaintiff believed that he had made a plan with FBI officials to turn himself in to the FBI upon arriving and to be taken away to jail. Not wanting to go to prison himself or have his family suffer because of him, he jumped out of the window of the car, ran across six lanes of busy highway traffic, then jumped off the 135-foot bridge they were driving over. He landed head-first in the Raritan River, trying to end his life. Police searched and found him on the pilings underneath the bridge two hours later.
Miraculously, he survived. He is now out of the psychosis but still needs to recover physically and mentally; his professional career is over.
He had no prior mental health problems.
Despite the robust evidence that cannabis causes psychosis, Big Cannabis fails to adequately warn consumers of this devastating potential side effect. Worse, Big Cannabis actively and maliciously markets its products as safe, even medicinal.
This suit, drawing upon various consumer protection laws, seeks to hold the cannabis industry accountable for its lies and its failure to adequately warn an unsuspecting public of its products’ considerable and often devastating dangers. The court recently held that consumer protection laws and duty to warn applied in this case. There is no final decision in this case.
Highland Park New Jersey Lawsuit
Our plaintiffs are parents, grandparents, and small business owners who oppose the implementation of six marijuana stores and/or consumption lounges in their borough of approximately 15,000 people and only 1.83 square miles. The borough is home to thousands of children whom these plaintiffs want to protect. The marijuana stores were permitted by Highland Park town ordinances. The plaintiffs claim that the dispensaries will produce undesirable impacts on the quality of life: traffic congestion, odors, impaired driving by customers, as well as possible increases in crime and nuisances and the reduction of property values in neighborhoods near the dispensaries.
Despite the evidence presented to the court of federal and state law violations and the above health and safety violations, the court has misinterpreted the law and refused to allow plaintiffs to prove their case. Plaintiffs are contemplating what further actions they can take. There is no final decision in this case.
Challenge to the New York Marijuana Legalization Laws
This lawsuit argues that the state government, by promoting “medical” marijuana and marijuana sales and advertising, is not aligned with the medical facts and the science; the state is being unreasonable, arbitrary, capricious and is thus acting illegally. New York is also usurping federal medicine and food consumer protection laws. The lawsuit attacks the state rules regarding “medical” marijuana and packaging and labeling and marketing and advertising marijuana.
The defendants have acted beyond their jurisdiction and engaged in the usurpation of Congressional powers: It is the province of the Congress, rather than politically appointed administrators in New York, to decide national food and drug laws as they relate to marijuana trafficking and medicine. The actions of defendants also violate New York’s separation of powers doctrine. In addition, neither the state legislature nor the defendants have the technical competence of the Drug Enforcement Administration (DEA) or the Food and Drug Administration (FDA) to make these decisions.
The plaintiffs are New York residents injured by marijuana or concerned about its damaging impact on New York. The two plaintiff organizations related to CIVEL are the Cannabis Impact Prevention Coalition and Cannabis Industry Victims Seeking Justice. The case is before the Appellate Division of the state Supreme Court. There is no final decision in this case.
Michigan Wrongful Death “Medical” Marijuana Lawsuit
A courageous family in Michigan worked with CIVEL and filed a lawsuit seeking justice for a son who committed suicide due to his marijuana use. The defendants are a physician and several marijuana stores. The deceased had a history of depression but was not a suicide risk before he used “medical” marijuana. He had Crohn’s Disease, an inflammatory bowel disease. He went to a health care provider and obtained “medical” marijuana for his Crohn’s Disease. He was given marijuana and cannabidiol (CBD.) Neither marijuana nor CBD are approved by the FDA as medicines for Crohn’s disease. He became mentally ill and killed himself. The plaintiffs have settled with one defendant; the case is now working its way through the courts. There is no final decision in this case.
New York Taxpayers Sue to Enjoin a State Program That Creates and Finances Marijuana Stores
A group of New York taxpayers, along with the Cannabis Impact Prevention Coalition and Cannabis Industry Victims Seeking Justice, filed a lawsuit against the state cannabis agencies and State Tax Commissioner Amanda Hiller. The lawsuit claims that the defendants have caused illegal disbursements of state funds in that they are setting up and financing marijuana retail “dispensaries.” The defendants are using tax funds to pay for the administration, capitalization, and provision of low- and zero-interest loans to these stores. The tax funds will assist with the possession with intent to manufacture, distribute, and/or dispense marijuana at these stores by certain “licensees” chosen by the state. The case is before the Appellate Division of the state Supreme Court. There is no final decision in this case.
Rescheduling of Marijuana Trial
On behalf of CIVEL, I am currently representing the following organizations regarding the potential rescheduling of marijuana. The trial has been put on hold pending a decision by the DEA.
- Cannabis Industry Victims Educating Litigators
- Dr. Kenneth Finn
- Community Anti-Drug Coalitions of America
- National Drug and Alcohol Screening Association
- Drug Enforcement Association of Federal Narcotics Agents
A Final Victory
Oxford New Jersey Lawsuit
The Oxford New Jersey town committee conspired with an industrial marijuana grow operation to place the operation right next to a family’s house. The family had lived on this quiet rural street for 20 years. The grow operation would have been five large greenhouses surrounded by an–eight-foot barbed wire fence. Plaintiffs filed a lawsuit citing the federal Racketeer Influenced and Corrupt Organizations Act (RICO). RICO cases can be brought in state or federal court. Marijuana growing and trafficking is illegal under RICO. After an opinion where the court held that operation of such a facility may be a RICO violation, the grower pulled out. This case ended in a victory for plaintiffs.
Lawsuits Being Planned
Another RICO Lawsuit
The US Supreme Court recently held that in federal racketeering (RICO) lawsuits regarding any person injured in his business or property by reason of a RICO violation, a plaintiff can now sue for damages for business or property loss even if the loss resulted from a personal injury. For example, if the use of marijuana caused psychosis or physical injuries, a person cannot recover under RICO for his pain and suffering. However, if his injuries force him to shut his business or cause the loss of his employment, he may be able recover. We are working with a plaintiff to file in federal court.
Class Action Lawsuit
We are considering a class action lawsuit against several marijuana product manufacturers and retail stores. This is based on our investigation of 40 marijuana products. We determined that many were mislabeled as to THC content and found other label violations and microbial failures as well as failure to adequately warn consumers of the risks of marijuana consumption including the risk of psychosis. This will be a civil class action brought individually by plaintiffs on behalf of consumers who purchased defendant’s products. Due to mislabeling, defendant’s products are illegal to sell. Defendants formulate, manufacture, advertise, and sell these products throughout the United States. The product market is a multibillion-dollar business enterprise that is lucrative for its market participants.
What has this marijuana litigation taught us?
Some key takeaways below.
- Plaintiffs are turning to the courts because politicians and government lack leadership. They have overlooked and ignored the very real hazards of marijuana.
- There is a trend that includes some courts to regard support of cannabis as fashionable and overdue for approval.
- State cannabis agencies are more interested in protecting the cannabis industry than in protecting the public.
- Marijuana products are routinely mislabeled as to THC content and do not carry proper consumer warnings or proper labels. In our study of 40 products, 41% were mislabeled as to THC content.
- Marijuana products can be contaminated with fungus, bacteria, heavy metals and pesticides.
And finally:
- Courts in general are not familiar with the laws regarding cannabis.
That’s yet another reason why the work we do is so crucial: Every suit we file, every action we bring, pushes these laws more and more into the light and makes courts and judicial officials more familiar with just how contemptuous of federal law and consumer health and safety marijuana businesses really are.