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Arkansas Marijuana Companies Slapped With Racketeering Lawsuit

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Arkansas Marijuana Companies Slapped With Racketeering Lawsuit


4 Arkansas medical marijuana firms face litigation underneath federal racketeering legal guidelines after a bunch of medicinal hashish sufferers filed a lawsuit in opposition to the companies final month. The authorized motion, filed in U.S. district courtroom in Little Rock on July 12, alleges that Arkansas’ medical marijuana cultivators colluded with testing labs to artificially inflate THC efficiency take a look at outcomes. The swimsuit seeks an injunction to close down the state’s medical hashish business underneath the federal Racketeer Influenced and Corrupt Organizations Act.

Legal professional Luther O. Sutter filed the lawsuit on behalf of three medical marijuana sufferers. The swimsuit accuses hashish cultivators Daring Group LLC, Pure State Medicinal Cultivation and Osage Creek Cultivation LLC of fraud for promoting hashish with decrease THC efficiency than marketed.

Steep Hill Inc. of Berkeley, California, and Steep Hill Arkansas of Little Rock are additionally named as defendants and are accused of reporting artificially excessive THC readings for hashish offered to sufferers. The lawsuit additionally names Steep Hill Arkansas homeowners Brent Whittington and Brandon Thornton as defendants, alleging they conspired with growers to defraud sufferers by promoting them marijuana with much less THC than indicated by take a look at outcomes.

“The online impact is to defraud the Plaintiff and putative clause by over-representing the quantity of THC in flower to the detriment of the Plaintiff and Class in order that Steep Hill, the cultivators, and the dispensaries can make more cash,” the plaintiffs allege within the lawsuit.

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The swimsuit alleges that the medical marijuana business in Arkansas is a legal racketeering group that’s defrauding the state’s medical marijuana sufferers and is topic to triple damages within the case. With the authorized motion, the plaintiffs search an injunction ordering all hashish cultivators and dispensaries to stop gross sales. The submitting additionally seeks certification as a category motion for the named plaintiffs and different sufferers who’ve bought hashish.

Steep Hill and the hashish cultivators have reportedly denied the fraud fees in opposition to them. In addition they observe that earlier RICO fits in opposition to marijuana firms haven’t been profitable in different states which have legalized marijuana. Steep Hill Arkansas’ Thornton issued a press release calling the fees within the lawsuit baseless.

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“We stand behind the standard, integrity and efficacy of our lab, workers and neutral lab outcomes,” he mentioned.

RICO Fits And Authorized Hashish

The lawsuit will not be the primary time the federal RICO statute has been used in opposition to hashish firms working legally underneath state and native regulation. However the success of the fits, that are based mostly on the illegality of marijuana underneath federal regulation, has diversified. Justin M. Brandt, founding associate of the regulation agency Bianchi & Brandt, notes that the RICO statute was initially utilized by federal prosecutors to discourage legal conduct by organized crime syndicates.

“Its use in civil lawsuits introduced by personal people is a latest evolution of the statute, particularly within the context of the hashish business,” Brandt writes in an e-mail. “Traditionally, RICO circumstances introduced in opposition to hashish companies working underneath state-legal applications haven’t been profitable.”

“For this particular case, I imagine there are different probably meritorious claims higher fitted to addressing Plaintiffs’ alleged damages–particularly for the reason that lawsuit is being proposed as a category motion case,” he provides. “We sometimes see these circumstances introduced underneath shopper safety statutes moderately than civil RICO.”

Brandt additionally believes that the plaintiff’s complicity within the alleged criminality diminishes the energy of their racketeering case.

“The circumstances of this case additionally increase threshold questions surrounding the viability of Plaintiffs’ civil RICO claims as a result of the person Plaintiffs appear to have knowingly bought the marijuana at concern, that means they technically participated within the alleged ‘unlawful scheme’ that serves as the idea of their RICO declare,” he writes. “It is going to be fascinating to see how the courtroom evaluates these points, which I anticipate Defendants will increase early on within the proceedings via dispositive motions.”

Brandt provides that the sufferers will doubtless have issue proving a case of racketeering.

“Plaintiffs have an uphill battle with respect to their civil RICO claims, which can develop into much more difficult if maintained as a category motion,” he writes.

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How Hashish Corporations Can Keep away from RICO Lawsuits

Legal professional Laura A. Bianchi notes that because of the federal illegality of hashish, there are not any constant nationally acknowledged testing requirements or tips for hashish companies to comply with. However she says that there are methods that hashish enterprise homeowners and license holders can restrict legal responsibility from testing and high quality management points.

“First, in fact, is to function your services in a clear, compliant and clear method. This implies refusing to chop corners in cultivating, manufacturing or producing merchandise,” she explains. “Second, homeowners and license holders must do their due diligence when deciding on a lab to work with. Looking for out a lab with the most effective {qualifications}, requirements, and expertise permits operators to have faith within the outcomes offered, lessening liabilities.”

“Third, as with every enterprise, perfection is not possible, so it’s crucial that homeowners and license holders have (and preserve) the suitable quantity of insurance coverage protection, together with product legal responsibility insurance coverage,” Bianchi continues. “Most frequently the errors made by the labs are unintended, however sadly, there are cases during which the producer and labs are very a lot conscious they’re offering inflated or inaccurate lab outcomes.”

Meg Nash, counsel on the hashish regulation agency Vicente Sederberg, provides that hashish companies may additionally have the ability to keep away from litigation by merely being good neighbors with residents who could also be against having a marijuana operation close by.

“Many RICO lawsuits primarily quantity to claims of nuisance by ‘NIMBY’ litigants,” explains Nash. “With this in thoughts, usually one of the simplest ways for hashish firms to forestall RICO lawsuits is by proactively partaking with their neighbors and neighborhood to solicit suggestions and to implement operational measures that might mitigate odor or some other hurt perceived by people locally.”

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Arkansas

Arkansas' official depth chart for Missouri game

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Arkansas' official depth chart for Missouri game


FAYETTEVILLE — The Arkansas Razorbacks (6-4, 3-4 SEC) have released the depth chart for Saturday’s regular season finale against the No. 24 Missouri Tigers (8-3, 4-3 SEC) at Razorback Stadium.

Arkansas recovered from a slow start to take down Louisiana Tech, 35-14, over the weekend in Fayetteville. Missouri bounced back from a loss to South Carolina on Sept. 16 with a 39-20 win at Mississippi State on Saturday.

A few changes were made to this week’s depth chart, most notably the absence of junior defensive end Nico Davillier at the defensive end position. The pass-rusher did not play against Louisiana Tech on Saturday due to a knee injury, and senior Anton Juncaj is the lone listed starter in Davillier’s place. Backing up Juncaj is freshman Charlie Collins.

At safety, sophomore TJ Metcalf and junior Miguel Mitchell no longer have an “or” listed between them. Metcalf is the starter with Mitchell backing him up. Finally, redshirt sophomore Brooks Edmonson is listed as the backup center behind Addison Nichols instead of redshirt sophomore Amaury Wiggins, who is no longer listed on the depth chart.

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Here is the full Arkansas depth chart ahead of Saturday’s game against Missouri, which is set to kick off at 2:30 p.m. CT on SEC Network at Memorial Stadium.



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Higginbottom key in win vs. old team | Arkansas Democrat Gazette

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Higginbottom key in win vs. old team | Arkansas Democrat Gazette


FAYETTEVILLE — Izzy Higginbottom sent a text message to her teammates on the University of Arkansas women’s basketball team Saturday night.

The note contained a list of things she felt the team needed to work on from its 94-71 loss Thursday night to Oral Roberts. First on the list was better energy.

Her message resonated.

Higginbottom played with passion and excelled against her former team as Arkansas found its defense in the second half to defeat Arkansas State 76-60 on Sunday afternoon at Walton Arena.

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“I personally knew how much this game meant to her,” Arkansas forward Jenna Lawrence said of Higginbottom. “Obviously, you want to beat the team that you’ve recently been on, so I just think she was really amped up — the most amped I’ve seen her for a game.

“I’m just really proud of how she performed and how she was a leader on and off the court.”

Higginbottom, a 5-7 transfer guard who played two seasons with the Red Wolves, filled the stat sheet with 15 points, a career-high 8 rebounds and 5 assists.

“When the other team shoots threes, they become speed rebounds,” Arkansas Coach Mike Neighbors said. “I thought she dug a bunch of those out, and then that got us going on transition, too. She was out in front of the break leading it, getting to the foul line and created a couple of good catch and shoot looks for (teammates).”

The Razorbacks (4-3) snapped a two-game losing streak and won their second game against an in-state opponent this year. Arkansas won 71-60 in overtime at Arkansas-Little Rock on Nov. 11.

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“It stinks to lose any day,” Neighbors said, “but especially if you get on a little bit of a streak, it’s easy to get (down). So, I thought it was important for us to stay above .500. You feel different when you win. I don’t know if we played any better yet. I’ll have to go home and watch, but I think we did.”

After giving up 38 points before halftime, the Razorbacks held the Red Wolves to 22 points on 8-of-36 (22%) shooting in the second half.

Arkansas State (2-3) went seven-plus minutes without a field goal between the third and fourth quarters. That stretch proved decisive as a 38-35 halftime deficit for Arkansas turned into a double-digit lead for most of the final quarter.

“We started getting all the 50-50 balls,” Neighbors said. “Before that, it was about (half). I think it was like 90-10 in that third quarter. The effort was much better. I thought our focus was a lot better.”

Arkansas State entered on a two-game win streak, which included a 100-96 victory at Arizona State. The Red Wolves fell to 3-9 all-time against the Razorbacks, last winning in the 2005 Women’s National Invitation Tournament.

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A fast-paced, back-and-forth first quarter saw two lead changes and runs of 6-0 and 5-0 that helped Arkansas State take a 23-19 lead into the second quarter. The Razorbacks committed six turnovers in the period that resulted in 10 points for the Red Wolves.

Arkansas took a 33-27 with 3:32 remaining in the first half before Arkansas State closed with an 11-2 run. Kennedie Montue beat the shot clock with a three-pointer to give Arkansas State a 38-35 lead just before halftime.

Fatigue appeared to play a factor in the first half, in which Arkansas was outscored 26-2 in bench points. Arkansas State Coach Destinee Rogers made mass substitutions throughout the game and had 10 players log minutes.

Arkansas forward Vera Ojenuwa, who put up a double-double with a game-high 20 points and 10 rebounds, scored 12 points before halftime.

The Razorbacks took a 39-38 lead early in the third quarter on a jumper by Kiki Smith, who finished with 15 points. The teams went back and forth for a while before Lawrence connected on her first three-pointer of the game to put Arkansas up for good at 46-43 with 4:01 remaining in the third. Lawrence finished with eight points and 10 rebounds.

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Arkansas State ran a full-court press for most of the game and Arkansas fared better against it as time went on. The Razorbacks found Ojenuwa alone under the basket on multiple press breaks.

“For two days straight, we worked on just breaking their press and making sure we see Vera wide open,” Lawrence said. “Because the way their press was, they put all of their players in front and left Vera wide open in the back.”

As the Razorbacks built their double-digit lead in the fourth quarter, Higginbottom drove past defenders for three fast-break layups.

Arkansas finished the game on a 12-4 run, including six unanswered, to close the door.

The Razorbacks shot 30 of 67 (45%), including 7 of 27 (26%) from three-point range, and 9 of 12 (75%) from the free-throw line.

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Arkansas State went 23 of 74 (31%), 9 of 35 (26%) and 5 of 7 (71%) in those categories, respectively.

Anna Griffin led the Red Wolves with 16 points and 8 rebounds, followed by Montue, who made 3 three-pointers and scored 13 points. Both Griffin and Montue played off the bench, while Wynter Rogers was Arkansas State’s highest-scoring starter with 8 points to go along with 8 rebounds and 4 blocks.

Arkansas State’s starters outside of Rogers — Crislyn Rose, Zyion Shannon, Kyanna Morgan and Shaunae Brown — combined to go 4 of 36 from the field and scored eight points. Bella Weary and Mimi McCollister provided 7 and 6 points, respectively, off the bench for the Red Wolves.

Arkansas won the rebound battle 48-42 and had a season-high 16 assists.

Six Razorbacks scored at least eight points: Ojenuwa (20), Higginbottom (15), Smith (15), Lawrence (8), Carly Keats (8) and Danika Galea (8). Karley Johnson and Lawrence led the Razorbacks with three steals apiece.

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Hogs Add Another Major Playmaker to Talented 2026 Class

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Hogs Add Another Major Playmaker to Talented 2026 Class


FAYETTEVILLE, Ark. — The Razorbacks received good news on the recruiting front with the addition of four-star wide receiver Dequane Prevo, he announced Sunday night on Instagram.

The 5-foot-10, 160 pound speedster committed to Arkansas over offers from Texas A&M, Oklahoma, Penn State, Texas, Auburn, Florida, Ole Miss, Oregon and many others. Prevo is the No. 292 ranked prospect in the class of 2026, No. 47 receiver and No. 40 player in the state of Texas.

He ran a 22-second 200-meter dash as a freshman at the football factory known as Liberty-Euylau in Texarkana, Texas. Prevo has shown to be a playmaker at wideout catching 62 passes for 1,355 yards and 20 touchdown receptions.

Arkansas’ current 2026 class is off to an exceptional start ranked in the top ten nationally with four 4-star prospects headlined by Durant, Oklahoma defensive end Colton Yarbrough. 4-star passer Jayvon Gilmore, 4-star safety Adam Auston and 4-star safety and two-time MaxPreps all-American Tay Lockett are also notable commitments for the cycle.

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With the addition of Prevo, Arkansas’ 2026 class keeps the Razorbacks firmly in the top 10 of 247sports composite recruiting rankings for next year’s cycle. The Hogs’ 2023 class soared as high as No. 3 early on during the 2023 class but after a few evaluation periods its class ended up a respectable No. 22 including a No. 11 ranked transfer portal haul.

• Razorbacks avoid third straight loss, beat Arkansas State

• Russell’s disappearing act must come to end against Missouri

• Calipari’s success best highlighted when compared to Arkansas

• Fans thought this coach was next in line for Arkansas job

• Special teams, turnovers kept Hogs’ game interesting

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