Jim Ickes and Jamie L. Rasor Share Ten Steps for Cannabis Operators to Reduce Product Liability Risk

Partner Jim Ickes and Associate Jamie L. Rasor analyzed recent product liability cases involving cannabis businesses and share actionable steps operators can take to reduce risk in a recent article in Frantz Ward’s “Full-spectrum Wisdom” column with Cannabis Business Times.

In “10 Steps for Cannabis Operators to Avoid Product Liability in 2026,” Jim and Jamie explained how courts are applying traditional liability standards to cannabis liability cases. They highlighted that:

1. There is a real risk of RICO exposure.
2. Exceeding potency limits alone is not enough to bring product liability or consumer protection claims.
3. Hemp-derived products can be subject to strict liability claims.
4. Cannabis operators can minimize risk by providing specific product descriptions and intended-use statements.
5. Plaintiffs must prove that a manufacturer or seller acted with deliberate misconduct when seeking punitive damages.
6. Plaintiffs must demonstrate that they experienced a real injury from use of a cannabis product in liability cases.

Based on these cases, the pair provided a five-stage breakdown of the criteria that successful cannabis product liability claims consistently share:

1. Standing: Has the plaintiff alleged tangible harm?
2. Causation: Was the alleged harm caused by the product?
3. Foreseeability: Was the product used in a way that operators or retailers could have predicted?
4. Adequacy of Warnings: Was the risk plainly disclosed?
5. Damages: What form of damages are justified?

As the industry matures, risk management must mature alongside it. Cannabis litigation is no longer a gray zone, and operators can use the court’s predictable filters to build defensible positions. Discover the full list of ten actionable recommendations cannabis businesses can implement to reduce liability risk and assist with obtaining product-liability insurance here.

With over two decades of experience in highly regulated industries, Jim brings extensive knowledge in data privacy, cybersecurity, and cannabis law. He guides clients through all stages of litigation, from investigation to trial and appeal.

Jamie relentlessly pursues unique solutions to complex issues through advanced research and analysis. She utilizes her experience in third- and first-party liability actions, including personal injury, property damage, coverage, defamation, and breach of contract matters to assist clients through all aspects of litigation, arbitrations, mediations, and settlement conferences.

Cannabis Business Times is a publication that focuses on the business of legal cannabis for medical and adult use. They aim to provide timely information to help the reader make informed decisions about running their cannabis businesses and advancing their careers in the cannabis market.