Kristen L. Worley

Cannabis litigation is on the rise and impacts multiple facets of law. Marshall Dennehey’s Cannabis Law Practice Group is adept at helping clients navigate this evolving legal landscape, offering a full suite of legal services, no matter what type of claim a cannabis business or its insurers may be facing. Our services include analysis of insurance coverage and the defense of commercial general liability (CGL), professional liability, cybersecurity, employment, workers’ compensation, and health care claims.

Coverage
Our team defends insurers and managing general agents (MGAs) against cannabis-related coverage and bad faith claims, including those related to equipment breakdown, application of protective safeguard endorsements, business interruption, and crop losses. We are familiar with the industry’s underwriting goals and policies that reflect the unique risks of this segment. 

CGL Claims 
Commercial general liability claims encompass a wide range of casualty matters relevant to cannabis operations and recreational product usage. These claims may include auto liability matters, product liability claims, “Gram-Shop,” and other retail accessory risks, such as landlord liability and delivery service claims. We defend typical retail claims at cannabis dispensaries, such as falls and even assault claims involving altercations between patrons and, occasionally, employees. In doing so, we utilize varied technology assets of clients, such as surveillance and body cam footage and, where appropriate, pursue loss-transfer claims against third parties. Additionally, we defend clients in cannabis product liability matters, including claims of tainted product, and have identified a team of experts in the various fields of toxicology, analytical chemistry, food safety, and forensic science to assist in defending these claims. 

Professional Liability Claims
Our vast history and focus on defending professional liability claims across a broad range of industries affords our attorneys a unique advantage in defending claims brought against cannabis professionals, such as growers, cultivators, consultants, accountants, lawyers, MGAs, adjusters, and others who work within this space. 

Cybersecurity Claims 
Ransomware attacks and data breaches threaten cannabis operators and their obligation to safeguard their customers’ sensitive medical and personal data. Likewise, security breaches with track-and-trace software designed to track cannabis from “seed-to-sale” can interrupt an operator’s regulatory compliance. In the event of a data compromise, our cyber team is available to quickly mobilize and mitigate the damage caused by a ransomware attack.

Employment and Workers’ Compensation Claims
With the growing approval of recreational cannabis usage and the increasing number of cultivators and dispensaries popping up to meet consumer demand, it is not surprising that employment and workers’ compensation lawsuits in these fields are trending upwards. Our attorneys defend facility owners and operators when wage-and-hour disputes, discrimination and harassment, and retaliation claims arise. We also represent insurers and employers in workplace injury and occupational hazard claims. Our approach extends to cannabis industry-specific risks that include cultivation and manufacturing operations, as well as retail sales and distribution environments.

Health Care Claims
While many states have legalized the medical use of cannabis, it remains illegal under federal law. This dichotomy creates significant legal challenges for health care providers. Our attorneys leverage their experience in helping clients navigate health care regulations, such as HIPAA laws and patient privacy protections, and apply it to the uniquely complex environment surrounding the cannabis industry. We defend clients against civil claims, including medical malpractice matters, and can assist health care providers—including physicians, dispensaries and clinics—in understanding the evolving standards of care for cannabis as a therapeutic option, which can differ significantly from conventional treatments. Such claims may involve appropriate patient evaluations, dosage recommendations, and documentation requirements within the framework of state medical cannabis programs. We are also well-equipped to address challenges related to informed consent. 

As the legal and regulatory frameworks surrounding cannabis continue to evolve, so too do the risks and complexities faced by businesses operating within this area. Our Cannabis Law Practice Group stands at the forefront of this rapidly developing field, providing clients with informed, strategic, and results-oriented counsel. Our multidisciplinary approach—spanning coverage, liability, cybersecurity, employment, workers’ compensation, and health care—ensures that clients receive comprehensive support tailored to the unique challenges of the cannabis industry. Whether addressing emerging claims or guiding proactive risk management, our team is committed to protecting our clients’ interests and positioning them for continued success in this dynamic legal landscape.

Kristen works in our Philadelphia, PA office and can be reached at 215-575-2849 or KLWorley@mdwcg.com. Todd works in both our Philadelphia, PA and Mount Laurel, NJ offices. He can be reached at 215-575-2605, 856-414-6029 or TJLeon@mdwcg.com. 

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_{Defense Digest, Vol. 31, No. 4, December 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.}