Marijuana a Rising Factor in Personal Injury Cases

Web Admin - Monday, September 17, 2018
Des Plaines marijuana product liability lawyerNow that 30 states (including Illinois) have legalized marijuana for medical use and nine also allow recreational use, the number of personal injury lawsuits involving cannabis is growing.

Background on the Cannabis Market

Over 100 distinct chemicals, broadly termed phytocannabinoids, are present naturally in the cannabis plant. Currently, two of the best-understood cannabinoids are THC, the psychoactive ingredient that produces a euphoric sensation, and CBD (cannabidiol), which has demonstrated pain-relieving, inflammation-reducing, neuro-protective, and cancer-fighting properties.

As scientists learn more about the way cannabinoids affect the human body and discover new applications for these chemicals, the variety of products made from cannabis is increasing. In fact, the U.S. market for legal cannabis is expected to grow 17% per year through 2028, reaching nearly $50 billion in annual sales. In comparison, U.S. wine sales are estimated at $65 billion. 

With such rapid growth, mistakes are bound to be made, and injuries are likely to result. 

Potential Grounds for Cannabis Personal Injury Lawsuits

Here are a few situations that could be grounds for a personal injury lawsuit against a marijuana producer/distributor: 

- Failure to warn of risks. If a cannabis product has the potential to impair a consumer’s ability to drive, or if it could affect a person’s thoughts or behavior in other ways that could prove dangerous, the packaging should provide appropriate warnings. If such warnings are not provided, and someone suffers an injury as a result, the producer/distributor could be sued for negligence and required to pay compensation to the victim. 

- Misleading or false advertising. If a producer says (in advertising, on packaging, or otherwise) that their product will provide a particular benefit, and the product fails to perform as promised, a consumer could file a lawsuit on the grounds of breach of contract or breach of warranty. 

- Product contamination. Many states do not yet have laws regulating the use of pesticides, fungicides, and other chemicals on marijuana crops, nor adequate procedures to enforce such regulations or test for toxins. Many lawsuits have resulted from contaminated consumables in other industries (e.g., E. coli in ground beef), and there have already been lawsuits against marijuana producers alleging harmful contamination. 

- Unsafe packaging. Marijuana products containing THC should be provided in packaging that is both child-resistant and tamper-evident, just as is required for other medicinal products that have a potential to cause harm. Portion sizes and the amount of THC per portion should also be made very clear on product labels. Defective packaging and foreseeable misuse could become grounds for a lawsuit. 

While the probability of a fatal overdose is near zero, marijuana is an intoxicant, and overconsumption can have serious consequences. Because of the potential for personal injury lawsuits, many states are requiring marijuana businesses to purchase liability insurance, so that funds will be available to compensate consumers for injuries caused by cannabis products.

An Arlington Heights Personal Injury Lawyer Can Help

If you or a loved one has been harmed by a medical cannabis product, consult an experienced Palatine personal injury attorney to discuss the details of your case and possible options for recovering compensation. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC provide skilled representation, working to protect your rights when you have been harmed by an unsafe product. Contact us at 847-934-6000 to schedule a consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


The Status of Medical Marijuana in Illinois

Web Admin - Thursday, January 15, 2015

medical marijuana in Illinois, Arlington Heights drug defense lawyerOne of the most controversial issues currently facing politics is the legalization of marijuana. Some states have gone so far as to completely legalize it, allowing recreational use of the drug. Other states, along with the federal government, have left it totally illegal. Illinois has chosen the middle ground of allowing the use of marijuana to treat certain medical conditions. Illinois' medical marijuana law was signed in 2013, and it creates a framework for how to regulate the use of marijuana. However, there have recently been delays in the implementation of that framework, meaning that even though medical marijuana is technically legal, it is still inaccessible to Illinois residents.

General Rules

The Illinois medical marijuana law sets up both a legal framework for patients who possess marijuana, as well as for growers and distributors. Patients may apply for a medical marijuana card if they have one of almost 40 qualifying illnesses, including Parkinson's, cancer, and glaucoma. In order to get a medical marijuana card, people must also be residents of Illinois who are over the age of 18 and who do not have a criminal record.

As far as a growth and distribution framework, the law allows for 22 businesses to receive licenses to actually grow marijuana. One of these businesses will be located in each state police district. The law also authorizes a set of 60 licenses for distributors who will purchase the marijuana from the growers and sell it throughout the state. Additionally, the law creates a new 16 member board for the addition of new qualifying illnesses to the list of diseases that would allow someone to receive medical marijuana.

Recent Delays

Despite the fact that the law went into effect at the beginning of 2014, it has been plagued with implementation delays. According to a report by the Chicago Tribune, state agencies spent almost a full year just developing the regulations to manage this program. So far, only 650 patients have been given their medical marijuana cards, and the numbers on the business side are even less encouraging.

Many people were hoping that Governor Quinn would award the licenses for the growers and distributors before he left office. However, that did not happen. That means that it will be up to Governor Rauner to make the decision about future licensing. Governor Quinn did make some appointments to the board that will decide about adding new illnesses before he left office, but he also left some spaces open for Governor Rauner to make more appointments.

Illinois's medical marijuana law creates a complex legal framework, and running afoul if it can result in criminal drug charges. If you have recently been charged with a drug crime, contact an Illinois criminal defense attorney. Drost, Gilbert, Andrew & Apicella, LLC represents the accused in towns across the northwest suburbs, including in Rolling Meadows, Schaumburg, and Arlington Heights.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Recent Posts


Colin Gilbert probate process Palatine workers compensation lawyer Buffalo Grove injury lawyer crossover accidents real estate lawyer jet ski construction accidents Deer Park traffic accident attorney Arlington Heights personal injury attorney Arlington Heights employment attorney Illinois LLC creation severance agreements Crystal Lake tax lawyer Family Medical Leave Act Des Plaines drug lawyer tax attorney Schaumburg personal injury lawyer college kids life insurance insurance negligence changes to mortgage law Schaumburg Attorney BAIID Illinois civil litigation lawyer Arlington Heights wills and trusts lawyer Illinois pet lawyer health insurance dispute Crystal Lake bike accident lawyer capital gains tax Rolling Meadows Traffic Lawyer liability comp time overtime violations Illinois brain injury institutional trustee Buffalo Grove traffic attorney Chicago estate planning lawyer Inverness estate planning lawyer field sobriety test Barrington Traffic Lawyer marijuana Schaumburg real estate lawyer Retaliatory Discharge pedestrian-automobile accident Illinois wrongful termination lawyer Schaumburg corporate attorney insurance claim dispute Illinois business lawyer license guardianship attorney Rolling Meadows personal injury lawyer new real estate form Crystal Lake estate planning lawyer Illinois corporate lawyer Crystal Lake criminal defense attorney Do Not Resuscitate power of attorney BUI Chicago lawyer speeding child safety jet ski accidents gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Chicago car accident lawyer bicycle dooring accidents Buffalo Grove real estate attorney Employment Discrimination Law Illinois construction accident attorney Illinois Human Rights Act Rolling Meadows traffic law firm car accident lawyers financial advisors Deer Park traffic lawyer Illinois insurance claim dispute lawyer Inverness corporate attorney Illinois real estate Palatine corporate law attorneys Rolling Meadows traffic attorney pain and suffering probate claims premises liability POA Illinois rollover accident lawyers insurance claim delay Des Plaines personal injury lawyers murder Long Grove wills and trusts attorneys Palatine employment attorney Crystal Lake personal injury attorney Buffalo Grove criminal defense lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys loss of consortium Rolling Meadows employment law attorneys Schaumburg estate planning attorney Illinois collections attorney no contest clauses foreclosure whistleblower protections medication errors life insurance policy Illinois insurance claim attorney living trust Rolling Meadows insurance dispute lawyers Des Plaines real estate attorney defective products lawyer caregiver filing a medical malpractice claim construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Chicago estate planning Arlington Heights Traffic Lawyer employment contract driving Deer Park criminal attorney medical research Illinois medical malpractice attorney Illinois employment law attorney Rolling Meadows boating crash lawyer IRS Chicago employment lawyer Rolling Meadows drug defense attorney Mt Prospect Attorney School Visitation Rights Act distracted driving accidents employee misclassification FMLA traffic violations Rolling Meadows probate lawyer traffic offenses wage theft Illinois workplace discrimination attorney Arlington Heights personal injury lawyer dram shop law Illinois wills and trusts attorneys Crystal Lake traffic lawyer Palatine business attorney dynasty trusts Palatine civil attorney Buffalo Grove law firm DMV underfunded trust Illinois lawyer Inverness personal injury attorney real estate zoning Des Plaines Arlington Heights Attorney South Barrington real estate lawyer traffic accidents Crystal Lake pedestrian accident lawyer IRA trust transfer BAC Illinois personal injury lawyers Inverness real estate attorney ObamaCare Crystal Lake will lawyer Illinois estate planning attorney commercial leases pizza emoji Des Plaines motorcycle accident attorney Chicago will attorney Self-Directed IRA Accounts Barrington criminal defense lawyer Barrington attorney Schaumburg personal injury lawyers Schaumburg car accident attorney Illinois estate planning Inverness DUI lawyer Illinois car accident attorney real estate leasing Palatine employment lawyer federal crimes insurance dispute attorney Food and Drug Administration's Food Safety Modernization Act wills and trusts Schaumburg estate attorney Deer Park personal injury lawyer Attorney Ken Apicella civil rights violation car accident lawyer Barrington business law firm Palatine insurance lawyer Colin H. Gilbert DGAA trust payments Schaumburg drug defense lawyer Rolling Meadows corporate lawyer Fourth of July Illinois pedestrian accident attorney employment law condo association controlled substance Illinois insurance claim dispute lawyers Chicago will attorney, social media platforms, Illinois estate planning lawyer, clemency Affordable Care Act digital evidence TBI medical malpractice Des Plaines criminal attorney real estate contract product liability Illinois employment law firm license revocation cell phone accidents Inverness elder law lawyer unauthorized overtime Illinois law investment property Inverness real estate lawyer manufacturing living trust vs will Chicago attorney Riverwoods estate planning lawyer real estate attorney Rolling Meadows marijuana attorney advance healthcare directive distracted driving accident victims insurance disputes Inverness insurance attorney Rolling Meadows employment attorney Illinois mortgages Mount Prospect wills and trusts lawyers trucking accident lawyers Schaumburg personal injury attorney Illinois estate planning law firm Buffalo Grove probate lawyer slip and fall holiday statistics texting and driving digital information Illinois employment lawyer Schaumburg insurance lawyers surgical mistakes estate tax Palatine personal injury lawyer pedestrian accidents swimming pools drugs Schaumburg estate planning lawyer medical marijuana Illinois criminal defense attorney natural gas explosion Palatine employment law lawyer employee rights work unions underage DUI compensatory time business litigation accidental death benefits traffic tickets employee discrimination murder defense Palatine construction attorney Buffalo Grove car accident lawyer Barrington real estate lawyer workers compensation Long Grove estate planning Illinois small business Rolling Meadows accident lawyer Deer Park real estate law firm blood alcohol content Rolling Meadows employment law attorney Barrington Illinois estate planning lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Rolling Meadows personal injury lawyers fiduciary rule delay unfunded trust wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace wrongful termination Federal Food Drug and Cosmetic Act Deer Park DUI lawyer Barrington boating accident attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys DUI penalities social media after death healthcare claims Illinois traffic ticket lawyer Illinois traffic attorney estate attorney Des Plaines tax law firm medical malpractice compensation Illinois traffic laws Arlington Heights medical malpractice lawyer Palatine punch death Rolling Meadows litigation lawyer Illinois medical malpractice claim real estate closing liens Palatine elder law attorney DUI low-ball insurance settlement consent to a search Palatine law firm Liquor Control Act Illinois probate lawyer unpaid assessment Illinois registered agent Barrington workers compensation attorney Inverness probate lawyer commercial real estate personal injury Buffalo Grove employment lawyer traumatic brain injury Des Plaines injury law firm denied insurance claims Exclusions Barrington drug crime attorney subcontractor insurance agent negligence job lawyers Crystal Lake business law attorneys minimum wage PTSD civil litigation attorney Buffalo Grove medical malpractice lawyers car crashes probate claims process Barrington criminal lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Deer Park motorcycle accident lawyer comparative negligence Inverness accident lawyer medical malpractice claims elder abuse icy parking lots Illinois employment attorneys Thanksgiving Illinois workers compensation attorney Barrington employment attorney civil litigation meal breaks construction contracts Rolling Meadows insurance dispute lawyers, insurance dispute Illinois Workers’ Compensation Commission Illinois motorcycle accident lawyer Rolling Meadows estate planning attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers agent Barrington personal injury attorney living wills Barrington personal injury lawyer Illinois insurance attorney wills Illinois red light cameras Legal Info digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers insurance attorney Schaumburg elder law lawyer Des Plaines DUI attorney insurance claim Rolling Meadows expungement insurance claim dispute attorney drug crimes lawyer Illinois workplace lawyer Long Grove estate planning attorneys digital assets Mount Prospect elder law attorney Des Plaines insurance attorney Palatine trusts lawyer Arlington Heights criminal lawyer traffic violations defense spinal cord injury Long Grove real estate attorney Buffalo Grove insurance claim dispute lawyers senior citizens nursing home negligence Crystal Lake medical malpractice lawyer drug crimes Schaumburg medical malpractice lawyer Illinois workers compensation lawyer bad faith insurance claims corporate law life insurance lawyer CAM attorney fees taxes disability benefits Illinois employment law marijuana crimes attorney Kenilworth estate planning attorney in terrorem provision Barrington estate planning lawyer car accidents Arlington Heights wills and trusts lawyers Chicago trucking accident attorney federal regulations for LLCs Illinois personal injury attorney landlord tenant law Crystal Lake medical malpractice law firm Arlington Heights pedestrian accidents head on collisions Buffalo Grove traffic lawyers car accident dog bites eluding a police officer Illinois employment laws revenge porn real estate attorneys Illinois personal injury Des Plaines personal injury attorney fiduciary rule FSLA car crash injuries DNR Arlington Heights car accident lawyer Chicago biking tips elder law power of attorney for healthcare loopholes Illinois insurance disputes fatal car accidents Des Plaines medical malpractice attorney homestead rights personal injury law firm Illinois trusts attorney Palatine real estate lawyer food poisoning living trust benefits DUI defense Home Remodeling Repair Act suspended license blended families dealing with problem employees Schaumburg wrongful death attorney Inverness civil lawyer DUI attorney traumatic brain injuries ken apicella estate plan estate planning trusts rent to own real estate contracts Buffalo Grove personal injury attorney traffic deaths Palatine civil litigation lawyer residential real estate Arlington Heights traffic attorney bike accident Crystal Lake medical malpractice attorneys denied insurance claim privacy mortgage automated cars cell phone tower data operating agreements Jay Andrew insurance agents Rolling Meadows insurance lawyer criminal defense employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Illinois traffic accident lawyer Arlington Heights real estate lawyer Des Plaines civil attorney rollover car crashes hands free device Deer Park accident attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Deer Park workers compensation lawyer Des Plaines pet law attorney sexual harassment hiring employees drug possession deadly crashes trucking accidents insurance claim denial Illinois real estate lawyer motorcycle accident gift taxes Illinois job attorney personal injury accidents Rolling Meadows Attorney trusts rest breaks Palatine estate planning lawyer Crystal Lake insurance lawyer Arlington Heights tax lawyer preventing accidents rollover accidents insurance adjusters Illinois Wage Payment and Collection Act deed transfer Illinois traffic attorneys Chicago insurance law firm Rolling Meadows personal injury attorney insurance denial appeals employment lawyer Arlington Heights accident attorney traffic crimes traffic laws Schaumburg employment law attorneys Illinois home inspection right to work Inverness traffic law firm Illinois wills and trusts internet forming a corporation in Illinois appealing an insurance claim Crystal Lake accident attorney GM ignition switches boating under the influence back injuries Schaumburg injury lawyer Schaumburg employment attorney Landlord Tenant Ordinance Rolling Meadows criminal lawyer Illinois employment law attorneys Barrington injury attorney independent contractor Crystal Lake employment law attorney estate planning insurance claim denials Crystal Lake car accident attorney Illinois will lawyer workers compensation benefits Arlington Heights trucking lawyer pedestrian injuries, pedestrian fatality Illinois Smoke Detector Act estate planning for college students Illinois insurance dispute lawyers workplace sexual harassment workers comp Kenilworth estate planning attorneys problem employees pedestrian accident liability claims Schaumburg probate attorney Illinois boating accident lawyer mass shooting Illinois employee rights attorney. medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Crystal Lake civil litigation lawyer trustee Arlington Heights TBI attorney small business Illinois injury lawyer Chicago corporate attorney privacy laws Illinois jet ski accident lawyer landlord personal injury claim Arlington Heights estate planning attorney Schaumburg civil litigation attorney Palatine probate lawyer Barrington employment law attorney criminal law Palatine traffic lawyer Super Mario boating DUI uninsured motorist Barrington medical malpractice lawyers first degree murder personal injury lawyer Crystal Lake car accident lawyer Buffalo Grove corporate attorney startup company Inverness injury lawyer foreclosed rental property Joliet general practice lawyers wrongful death Deer Park medical malpractice attorney Crystal Lake employment attorney irrevocable trust Palatine corporate attorney Forcible Entry employees Rolling Meadows car accident lawyers insurance dispute license reinstatement Barrington employment law firm Crystal Lake pet attorney reckless homicide Class A misdemeanor contracts Illinois tax attorney Fair Labor Standards Act Chicago employment attorney Transfer on Death Instrument anesthesia errors drunk driving Arlington Heights insurance attorney trench injuries texting while driving spinal cord injuries IRELA denial of life insurance slip and fall accidents drug crime Des Plaines claims law firm vacation home Des Plaines collections attorney Rolling Meadows business lawyer Des Plaines personal injury lawyer preventable medical errors creditors healthcare Schaumburg traffic lawyer Illinois living will sexual images Schaumburg criminal law attorney Kenilworth estate planning lawyer Crystal Lake personal injury lawyer Illinois insurance claims lawyers personal injury attorney golf accidents Palatine drug lawyer defective products Arlington Heights injury attorney insurance denials pet law Illinois insurance lawyer commercial leasing underinsured motorist Detainer Actions Mount Prospect real estate lawyer overtime pay life insurance claims cell phone Rolling Meadows insurance attorney bicycle accidents modern family estate planning Buffalo Grove personal injury lawyer Chicago traffic lawyer criminal hit and run accident Schaumburg criminal attorney insurance claims paid sick leave boating accidents Crystal Lake injury attorney estate planning attorney motorcycle accident lawyer condo Whistleblower Claims Schaumburg rumble strips Schaumburg construction accident lawyer car crash probate fees Des Plaines accident attorney Illinois attorney Arlington Heights wills and trusts attorneys Illinois driving without license special needs trust LLCs car collision Policy Cancellation owner responsibility vacation home fines Barrington litigation attorney Palatine criminal defense lawyer ACA Illinois Transfer on Death Instrument probate Illinois elder law attorney drunk driving statistics Illinois speeding lawyer Crystal Lake law firm pet bites insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Palatine traffic accidents Des Plaines real estate lawyer Illinois medical malpractice case IRA benefits home inspection lawyer real estate breathalyzer test Illinois Probate Act of 1975 sole proprietorship Crystal lake insurance dispute attorney Chicago insurance claim attorneys installment contracts unpaid overtime pay when paid contract Palatine injury attorney pregnant women probate lawyer Illinois business law atorneys income distribution deducation Arlington Heights lawyer employment law, Illinois employment laws Illinois defective products attorney Long Grove real estate lawyer Rolling Meadows medical malpractice lawyers Illinois DUI attorney Illinois personal injury lawyer involuntary manslaughter Rolling Meadows criminal attorney Home Sale Contingencies personal injury claims criminal record employment attorney fault based insurance Crystal Lake traffic attorney Illinois bicycle safety truck collisions Crystal Lake employment lawyer Barrington estate planning attorney Arlington Heights wills and trusts attorney Long Grove estate planning attorney caretaker rights Illinois medical malpractice lawyers Deer Park employment law attorney estate planning lawyer products liability Illinois Sales Representative Act llinois Real Estate Lawyers Association Rolling Meadows tax attorney murder charges Des Plaines Traffic Lawyer Rolling Meadows DUI lawyer license suspension Palatine Attorney Illinois trucking safety Rolling Meadows real estate attorney breach of contract trauma after an accident natural gas South Barrington real estate attorney Barrington civil litigation attorney auto accidents Arlington Heights car crash attorneys Des Plaines drug crimes lawyer Arlington Heights employment law attorneys