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The three-judge panel said the certification will allow the state’s high court to apply its law and policy judgments on this undecided issue, citing the lack of controlling precedent.        

“They’re a billion-dollar operation; I’m a small business,” Charlie Gitto Jr., owner of the Missouri restaurant dubbed Charlie Gitto’s From the Hill, told Law.com. “The average guy, they get out-lawyered and financially humiliated. I’m just thankful that Jim [Monafo] and Husch Blackwell came to rescue me, otherwise we’re throwing popcorn against a brick wall.”        

“I think we are closer than we have ever been before and rescheduling to Schedule III is just a matter of time,” said Rachel Gillette, leader of Holland & Hart’s cannabis and psychedelics group.        

White-collar defense attorneys doubted that high-profile criminal prosecutions such as those of the FTX and Binance founders would continue in 2024, but said they will keep a close eye on regulatory developments.        

“The statute simply does not provide clarity that truthful speech which generates an innocent or unreasonable listener mistake is outside of its scope. And this is sufficient to confer pre-enforcement standing,” Justice Caleb Stegall said. “Thus, when the Legislature criminalizes speech and does not—within the elements and definitions of the crime—provide a high degree of […]