DGAA bLAWg

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.



Sources:
https://www.products-liability-insurance.com/7-areas-ripe-marijuana-litigation/
https://www.marijuanaventure.com/examining-product-liability/
http://fortune.com/2018/08/22/legal-marijuana-market-size/
https://www.cdc.gov/marijuana/health-effects.html

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


Tags

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

Archive