For as long as there have been rules of evidence and courtrooms, there have been products that can impair litigants or witnesses—and products whose use carries the potential to trigger certain stigmas in the eyes of the finders of fact. Cannabis, which has been around longer than nearly every judicial system in the world and the subject of political and popular debate in the United States for the past century, may be the paradigmatic product at the moment.

The United States cannabis industry has developed within the context of conflicting and evolving federal and state laws, and businesses in the cannabis industry must navigate a wide array of legal challenges. These challenges extend to those businesses that provide services or otherwise interact with cannabis companies...

Originally published by American Journal of Trial Advocacy - November 9, 2023.