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


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