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Personal Injury Law Blog | Products Defects | Los Angeles Products Defects Injury Attorneys

E-Cigarette Lawsuits Complicated by Marijuana Use

South Bay Legal Counsel
Negligence Lawyer Mike Ehline

Marijuana has had a good run lately. Four states voted November 8th legalize recreational marijuana. California, Maine, Nevada, and Massachusetts joined Alaska, Oregon, Washington, and Colorado in making the drug available for people over 21.

The decriminalization and legalization movements led to an explosion of products available for use. In short– capitalism works. There are now pot brownies, soda, and energy drinks available within the states where it’s already legal. Come January 1st this will widen further. With other states rushing to get such initiatives on the ballot, the trend continues.

One of the largest markets is using THC products within electronic cigarettes. With e-cigs becoming more popular among young people than traditional tobacco cigarettes, there is a vast open market. Customization and blends allow for a wider audience.

Federal Law Makes a Catch

With the recent wave of e-cigarettes exploding in peoples’ pockets causing injury, a wave of lawsuits will follow. And this remains especially the case for consumers that use marijuana oils or extracts to use with their e-cigarettes. These suits will face many legal challenges, especially considering that they will seek to create a precedent.

  • Making matters more complicated is the fact that marijuana is still a federally scheduled drug.
  • Appeals regarding the suits cannot make their way into federal courts– at least according to current readings.
  • Many claimants will be hesitant to risk their case going to a federal judge.

And this can help stifle the legitimate needs of injuries parties to seek grievances. This effect is especially the case if they were smoking the marijuana products legally in one of the states as mentioned earlier.

Such an issue will eventually make it to a circuit court. It’s still to become seen what the judges will determine, but it will likely line up with federal law on the subject. With it remaining unlikely that federal scheduling of marijuana will change, the next several years should become absorbing for personal injury attorneys and accident litigation firms.

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