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Evolving cannabis product risks have the potential to result in enormous future liability for which cannabis and hemp companies are currently unprepared. Cannabis research is now catching up to faster-moving consumer behavior and public policy. Inconsistent rules and regulations around both cannabis and hemp product testing, labeling and warnings have resulted in numerous consumer claims and product class actions. Prospective plaintiffs are now also seeking overcome current obstacles to proving liability for injury claims arising from use of cannabis products under the common liability tests used by courts. The hemp industry is not immune, given the recent explosion of unregulated but intoxicating hemp-derived products that contain levels of THC similar to regulated cannabis products.
In this context, important factors that cannabis companies must consider when evaluating the various categories of cannabis product risks will be identified. We will also discuss how the cannabis and hemp industries should embrace a mix of legal reform, policy changes and adoption of traditional risk management principles to prevent future product risk issues from damaging market sustainability.
This program is eligible for .8 hours of General CLE credit in 60-minute states, and 1 hours of General CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
INCBA webinars are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.
INCBA on demand programs are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted.
For current accreditation status, please select your jurisdiction below.
|INCBA Product liability FINAL.pptx (1.9 MB)||Available after Purchase|
|Cannabis Consumer Class Action Exposure.pdf (130.4 KB)||Available after Purchase|
|Cannabis Co's must brace for emerging product risks, Law 360.pdf (561.7 KB)||Available after Purchase|
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|Colette v CV Sciences joint statement to court re FDA announcement.pdf (119.3 KB)||Available after Purchase|
|DaSilva v Infinite Products joint statement to court re FDA announcement.pdf (137.6 KB)||Available after Purchase|
|Medical cannabis user says Co's inflate THC content, Law360.pdf (95.8 KB)||Available after Purchase|
|Outline - Product Liability Panel - INCBA Litigation Symposium.pdf (407.5 KB)||Available after Purchase|
|Statement from AHA on Cannabis and Cardiovascular Health.pdf (1.4 MB)||Available after Purchase|
|Stiiizy_Class_Action_Complaint.pdf (596.8 KB)||Available after Purchase|
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Stacey Jackson is General Counsel for Golden Bear Insurance Company, a California admitted carrier also writing surplus lines in other states. Stacey lead the drafting of Golden Bear’s cannabis package and monoline insurance products helping Golden Bear to become the first admitted carrier in the nation to offer property and casualty coverage for legal cannabis operations. Golden Bear also writes professional liability for attorneys and testing laboratories.
Ian is the Regional Managing Partner of Wilson Elser’s Los Angeles office. He is founder and co-chair of the firm’s Cannabis and Hemp Law practice, where he leads a national multi-disciplinary team of lawyers who serve all aspects of the cannabis and hemp industries, as well as financial institutions and insurance companies that service those industries.
Ian works with licensed cannabis operators throughout the country to comply with their obligations under the law and to develop risk management best practices. He advises Fortune 500 companies on risk management involving hemp-derived CBD and the interplay with U.S. food and drug laws. Ian assists insurance companies on cannabis-related underwriting practices and the development of new policy forms. He also works with financial institutions and professional services firms on best practices for operating in a challenging regulatory environment.
Ian has achieved a national reputation as a distinguished cannabis attorney and has been named to the prestigious Chambers USA guide in Cannabis Law (2020-2022). He is a member of the Advisory Board of the International Cannabis Bar Association (INCBA) and participates on the Policy Council of the National Cannabis Industry Association (NCIA). Ian also sits on the Executive Committee of the Los Angeles County Bar Association’s Cannabis Section and is chair emeritus of NCIA’s Risk Management and Insurance Committee. He is one of MG Magazine’s “30 Powerful Cannabis Attorneys You Should Know” and is listed within Cannabis Reports’ “10 Powerful Marijuana Lawyers in California.” Ian has also been named by National Law Review as “Go-To Thought Leader” in 2018 and 2021 for his publications on cannabis law and policy.
By way of background, Ian has defended complex litigation in state and federal courts for more than 25 years with a focus on practice areas relevant to the cannabis industry, including product liability, complex general casualty, transportation, data privacy and intellectual property litigation. Ian received his B.A. from Washington University in St. Louis, and his JD from Saint
Louis University School of Law. He has been with Wilson Elser for the past 22 years.
Jasmine Wetherell focuses her practice on complex civil litigation, with an emphasis on food litigation, environmental litigation and business torts. She has also provided guidance to retailers, consumer product manufacturers and landowners regarding compliance with California’s Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act). Jasmine has substantial experience in all phases of litigation, including pre-suit investigation and counseling, discovery, percipient witness and “person-most-qualified” depositions and motion practice in both state and federal court.
During law school, Jasmine served as a judicial extern for the Hon. Harry Pregerson of the U.S. Court of Appeals for the Ninth Circuit. She also served as editor-in-chief of the Women’s Law Journal and chief articles editor of the Dukeminier Awards Journal.
Bryna counsels companies in established and emerging industries at all stages of development. She is widely known for effectively navigating the cutting-edge legal issues present in the fast-growing cannabis industry. Her clients range from growers, distributors, product manufacturers and ancillary businesses to outside investors and traditional companies impacted by cannabis laws. Bryna also advises on issues of regulatory compliance; risk avoidance; interplay between state and federal law; contracts and licensing; advertising and product packaging; and intellectual property.
Bryna is also a highly experienced litigator, zealously advocating for her clients in federal and state courts at both the trial court and appellate levels. Past representations include prominent domestic and foreign food, beverage, pharmaceutical, entertainment, advertising and consumer product companies. Bryna was recognized for her legal acumen in 2013 by the National Law Journal, which named her as one of Chicago’s “40 Under 40,” and she has been named an Illinois “Super Lawyer” or “Rising Star” since 2010. In the spring of 2016, she taught Illinois’ first cannabis law course at Chicago-Kent College of Law.