We generally keep our distance from medical cannabis/marijuana. We’re not one of those blogs. But if legal holdings of interest to us happens to involve cannabis, we will comment. Thus, we bring you Schmidt v. Schmidt, Kirifides & Rassias, PC, ___ A.3d ___, 2023 WL 7502499 (Pa. Commw. Nov. 14, 2023), holding that
Marijuana
Possibly Off-the-Wall Ideas Triggered by Recent Cases

One of the intriguing things about cases decided by a jurisdiction’s highest court is that pronouncements by such courts can often have far-reaching implications. Sometimes they pan out, as the application of the First Amendment to the FDA’s ban on off-label promotion seems to be doing following Sorrell v. IMS Health, Inc., 564 U.S.…
Should The Learned Intermediary Rule Apply To Prescription Marijuana?

This year’s annual DRI Drug & Medical Device Seminar marked a milestone of sorts, with a separate section on medical marijuana being offered for the first time. Regrettably, no free samples were on offer, although since the seminar was in Washington, DC it would have been perfectly legal (at least in terms of DC law)…
Cannabidiol Product Liability Claims Go Up in Smoke

Every day our inbox overflows with legal news aggregation emails. Some of the items are useful. Some must have been authored by Captain Obvious. Some are irrelevant to our practice. We would have thought that comfortably residing in that last category are discussions of the burgeoning marijuana field. The “Week in Weed” and other such…
What Else Can’t The Feds Commandeer?

We bloggers don’t generally consider the Drug and Device Law sandbox to extend to illegal drugs. We regard that as a completely separate can of worms. But what of a drug – like marijuana – that’s in between being legal and being illegal? In an increasing number of states, marijuana’s current situation is a bit…