Partner William Brewer and Consultant Peter Schwartz wrote an expert analysis opinion piece published in Law360 on Dec. 3, 2018, titled “Jury Saves The Day in Misguided Cannabis Lawsuit,” about a lawsuit challenging the growing legal U.S. cannabis industry. They emphasized the need for attorneys to understand the legal and regulatory landscape of this booming industry.
The article cited a civil lawsuit brought by landowners in Rye, Colorado, against their neighbor, cannabis cultivator Camp Feel Good, claiming in part that their property was devalued by offensive odors. The landowners alleged a violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act. Ultimately, a jury ruled in October in favor of the of the cannabis cultivator. However, the article noted that similar lawsuits are being filed.
“These legal issues bring the need for attorneys to be well-versed in the ever-expanding case law facing the cannabis industry,” Brewer and Schwartz wrote. “As barriers — economic, structural and legal — are interposed to thwart commerce, business owners and industry investors will need to unite behind advocates able to break them down.”