Evolution Of The Cannabis Product Liability Lawsuit

Cannabinoid science and medicine are maturing contemporaneously with the cannabis products that have quickly gained traction with millions of consumers, and it is all happening while the Food and Drug Administration (FDA) silently waits on the sidelines ‒ at least for now.

This may be a recipe for potential tort liability that is presently unseen by the cannabis industry. The current frequency and severity of cannabis-related product liability lawsuits are certainly much lower than the dire predictions made by the industry several years ago, but it would be irresponsible to think that the past predicts the future. Although most product suits filed to date have focused primarily on allegations of contamination by pesticides or other contaminants, and few actions have alleged bodily injury from an inherent product defect or failure to warn, the industry should be prepared to defend a new breed of cannabis product liability lawsuits that seek to establish alleged