Proposed language in the next Farm Bill could substantially impact the hemp industry in the United States. The Farm Bill is an omnibus bill that governs agriculture and food and is renewed approximately every five years. The...more
The interplay between the unintentional federal legalization of intoxicating hemp-derived products under the Agriculture Improvement Act of 2018 (the 2018 Farm Bill) and state regulatory frameworks is increasingly testing the...more
Have you found yourself needing to take a Level 2 alcohol class in Colorado Springs? Getting a DUI often comes with unexpected consequences. In Colorado, a first-time DUI conviction could land you in jail for five days...more
On September 23, 2024, California Governor Gavin Newsom announced emergency regulations that, among other things, prohibited hemp products containing any “detectable” amount of THC. The next day, September 24, several small...more
In Colorado, law enforcement conducts DUI and DWAI screenings at temporary traffic stops known as sobriety checkpoints. These checkpoints allow law enforcement to briefly contact and interact with all the drivers...more
America’s Dairyland does not currently have any form of either medical or adult-use cannabis. The state has tried and failed at least a couple of times on convening medical cannabis legislation (see here on the latest attempt...more
As of September 12, 2024, New Jersey is the latest state to regulate “intoxicating hemp products” with the passage of Senate Bill 3235. The new law prohibits the sale of THC-containing hemp products to minors and only allows...more
When it comes to alcohol-related driving offenses in Colorado, two terms often come up: DWAI and DUI. Many people wonder, "Is a DWAI better than a DUI in Colorado?" To answer this question comprehensively, we need to...more
Businesses selling intoxicating hemp products in New Jersey without a cannabis license could soon face significant fines. Governor Phil Murphy signed Senate Bill No. 3235 on Sept. 12, 2024, regulating intoxicating hemp...more
Florida leads the nation in the number of recreational boats, with over 1 million registered in 2022 according to a report of the Florida Fish and Wildlife Conservation Commission (“FWC”). And, according to the U.S. Coast...more
We’ve said it many times: to college students, drinking and sex go together like peanut butter and jelly. Despite annual training on alcohol consumption and consent for freshmen, we still encounter cases questioning whether...more
One of the most popular incentives for service industry employees is the “Shift Drink” – a drink on the house to unwind after a work day. On the surface, the Shift Drink is a relatively low-cost and readily available perk...more
Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the...more
A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more
Akima v. Peca, 85 F.4th 416 (6th Cir. 2023) - The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign...more
Key Points: Pennsylvania’s Dram Shop Act does not merely apply to “any person” but, rather, imposes an obligation on particular persons and entities. To establish a basis for Dram Shop liability, it must be shown that the...more
On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more
Castano v. Augustine, 475 N.J.Super. 71, 291 A.3d 295 - The Superior Court, Appellate Division, held that a motorcyclist was not statutorily barred from bringing a negligence action for damages in the absence of a conviction...more
Garcia v. Myrtil, 48 Fla. L. Weekly D1483 (Fla. 3d DCA, Aug. 2, 2023) - The plaintiff brought suit against the intoxicated minor (the tortfeasor) and the subject nightclub that served him pursuant to Florida’s Dram Shop Law,...more
Klar v. Dairy Farmers of America, Inc., 2023 WL 5354105 (Pa. Super. 2023) -The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center...more
In Colorado, both medical and recreational cannabis have been legalized; however, there are specific requirements for eligibility to use them. Additionally, laws are in place to regulate the conduct of individuals under the...more
In “Alabama Song,” Jim Morrison and The Doors asked to be shown the way to the next whiskey bar. Now, if he found it, the bar’s insurance premiums and possible liability are likely to be reduced thanks to recent changes to...more
We hear this question quite a bit, usually prefaced by: “I’m not really into that kind of stuff, but my customers are asking, can I sell Delta 8 and other THC gummies at my bar? How about brownies and chocolate bars?”...more
What Is the Intoxication Defense? For instances where intoxication/impairment may be suspected, N.C. Gen. Stat. § 97-12 provides a complete defense against a claim for workers’ compensation where the injury and/or death...more
State legalization of cannabis (i.e., marijuana) for medical and/or recreational use has spurred many questions regarding exposure concerns and drug testing concerns (e.g., what constitutes positive cannabis tests and how do...more