by David Evans, Senior Counsel, CIVEL (USA)
January12, 2025
Article forwarded by Hershel Baker, Drug Free Australia. He opens by saying: “Please find evidence below on a current project to make the marijuana industry legally accountable to their victims in the U.S. if they are SUCCESSFUL, it will become very useful to Victims in many other countries including Australia.”
Legal Primer – Cannabis Industry Victims Educating Litigators (CIVEL) <https://www.civel.org/legalprimer>
The marijuana industry referred to here are those who illegally, negligently or fraudulently produce, market, or distribute marijuana products including those that have not been approved by the FDA or approved under federal law.
Today’s marijuana products can be high in potency and can reach 99% THC.
These products can be very destructive and cause addiction, mental illness, violence, crime, DUIs and many health and social problems. Young people are particularly vulnerable. We must protect them.
A first step is to educate lawyers and the community by providing legal and scientific guidelines for litigators so they can take the marijuana industry to court. We have produced six litigator guidelines:
- Product liability for the production and sale of dangerous and/or contaminated and poorly processed marijuana for medical or recreational use.
- Medical malpractice for the promotion and use of marijuana as a medicine without FDA approval.
- Environmental lawsuits to recover for environmental damage caused by marijuana growing.
- The federal Racketeer Influenced and Corrupt Organizations (RICO) Act prohibits a person (also a corporation) from investing in, acquiring, or participating in the affairs of an enterprise that engages in racketeering activity. RICO applies to “medical” marijuana and recreational marijuana as both are illegal under federal law. Damage claims for economic injuries can be filed.
- Server liability for marijuana stores that sell medical or recreational marijuana to customers who then kill or injure others in car crashes or other accidents
- Lawsuits under the Drug Dealer Liability Act – several states have passed laws that make drug dealers civilly liable to those injured by a driver under the influence of drugs or families who lose a child to illegal drugs and others injured by illegal drugs.
We will arm the legal profession to recognize cases, prepare them and then litigate as was done in the cases against big tobacco and is now being done against the opiate companies.
We will not conduct litigation. Our goal is to get the legal profession to initiate litigation by educating them as to the legal issues and strategies involved. We also plan to educate the public about how the marijuana industry has destroyed lives and families and to support the victims.
For more information contact Senior Counsel, David G. Evans, Esq.
Email: seniorcounsel@civel.org <mailto:seniorcounsel@civel.org>
Please see our legal primer on marijuana and federal law
LEGAL PRIMER <https://www.civel.org/s/LEGALPRIMERCSA2017.pdf>
Other Important Documents
* CATEGORIES OF THE VICTIMS OF THE MARIJUANA INDUSTRY
<https://www.civel.org/list-of-marijuana-industry-victims>
* MARIJUANA AS A MEDICINE – POLICY, SIDE EFFECTS, SPECIFIC ILLNESSES
<https://www.civel.org/s/2CIVELMARIJUANA-AS-A-MEDICINE-POLICY-SIDE-EFFECTS-S
PECIFIC-ILLNESSES.pdf>
* THE FAILURES OF THE STATES TO REGULATE MARIJUANA
<https://www.civel.org/s/THE-FAILURES-OF-THE-STATES-TO-REGULATE-MARIJUANA-ST
UDIES-SHOW-THAT-MARIJUANA-PRODUCTS-HAVE-HIGH-LEVE.pdf>
* INTERACTIONS BETWEEN MARIJUANA AND OTHER DRUGS
<https://www.civel.org/s/4-CIVELINTERACTIONS-BETWEEN-MARIJUANA-AND-OTHER-DRU
GS.pdf>
* MARIJUANA AND VIOLENCE
<https://www.civel.org/s/5CIVELMARIJUANA-AND-VIOLENCE.pdf>
* MARIJUANA USE AND MENTAL ILLNESS AND BRAIN DAMAGE
<https://www.civel.org/s/6CIVELMARIJUANA-USE-AND-MENTAL-ILLNESS-AND-BRAIN-DA
MAGE.pdf>
* MARIJUANA USE AND DAMAGE TO HUMAN REPRODUCTION
<https://www.civel.org/s/7CIVEL-MARIJUANA-USE-AND-DAMAGE-TO-HUMAN-REPRODUCTI
ON.pdf>
* CONCERNS ABOUT CBD
<https://www.civel.org/s/8CIVEL-CONCERNS-ABOUT-CBD.pdf>
DISCLAIMER OF LEGAL ADVICE
This should not be considered legal advice. This is for informational purposes only. Use of and access to these materials does not in itself create an attorney – client relationship between David G. Evans or CIVEL and the user or reader. Mr. Evans or CIVEL cannot vouch for any study cited herein since they did not do the study. The readers should consult the study and make their own interpretation as to its accuracy. Please also be advised that case law and statutory and regulatory laws cited herein may have been amended or changed by the time you read this.
David G. Evans, Esq. – Senior Counsel – Cannabis Industry Victims Educating Litigators (CIVEL) (USA)
Source: Email by Herschel Baker <hmbaker1938@hotmail.com> Sent: 11 January 2025 23:06