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


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