Six Ways Dr. Jahan Marcu Supports Court Cases as an Expert Witness in Cannabis and Hemp

 Jahan Marcu, PhD, is a nationally recognized cannabis and hemp expert with over 15 years of experience spanning laboratory research, regulatory science, standards development, and cannabinoid pharmacology. He has served as a court-qualified expert witness in both civil and criminal cases, providing crucial insights in matters ranging from testing disputes to intellectual property battles. Below are core areas where Dr. Marcu provides expert support, with examples from real cases.

1. Review and Interpret Laboratory Testing Data

How Dr. Marcu Helps:
He analyzes cannabis and hemp testing data to identify inconsistencies, methodological flaws, or improper sampling techniques that may impact the outcome of a case.

Courtroom Example:
In a hemp-related case, Dr. Marcu's expert review revealed flaws in the THC testing protocol. His testimony helped get the test results thrown out, significantly impacting the prosecution’s case.

2. Assess Manufacturing and Quality Control Practices

How Dr. Marcu Helps:
He evaluates manufacturing processes to determine whether a company followed appropriate procedures in formulation, labeling, and handling—based on cGMP, ISO standards, and cannabis-specific regulations.

Courtroom Example:
In a case involving alleged mislabeling of a hemp product, Dr. Marcu helped the legal team establish a scientific definition of "zero THC" based on testing limits of quantification and detection. This clarification was pivotal in resolving the dispute over whether the label was misleading.

3. Clarify Labeling and Synthetic Cannabinoid Issues

How Dr. Marcu Helps:
He dissects labeling and formulation claims, particularly those involving synthetic cannabinoids, novel derivatives (like delta-8), or unapproved health claims.

Courtroom Example:
In a criminal case, a smoke shop owner faced jail time for allegedly selling synthetic cannabinoids. Dr. Marcu examined the product contents and identified which components were cannabinoids and which were not—ultimately showing that many ingredients were not synthetic cannabinoids, helping reduce or eliminate charges.

 

4. Evaluate Cannabis Business Damages and Operational Claims

How Dr. Marcu Helps:
He provides scientific and operational context for damages claims, including yield loss, plant viability, and environmental conditions. This can be critical in disputes involving infrastructure failures, insurance claims, or contract breaches.

Courtroom Example:
In a civil case, a cannabis cultivation facility sued a power company for damages related to a power outage. Dr. Marcu was hired by the electric company to evaluate the plausibility of the grower’s claims. His expert testimony and technical review of cultivation parameters helped the utility company negotiate from a stronger position, significantly reducing their exposure.

 

5. Support Intellectual Property (IP) Disputes

How Dr. Marcu Helps:
He advises in disputes involving cannabis genetics, extraction processes, and product formulations. His work includes assessing novelty, utility, and whether scientific evidence supports a patent or trade secret claim.

Use Case Example:
In confidential arbitration and litigation cases, Dr. Marcu has reviewed plant genetic data, formulation data, research history, and extraction methods to assess originality and technical validity in cannabis IP disputes.

 

6. Assess Cannabis Impairment (Workplace & DUIC Cases)

What he does:
Provides expert analysis on cannabis-related impairment, including workplace incidents and driving under the influence of cannabis (DUIC). Dr. Marcu has trained law enforcement, taught legal seminars, published peer-reviewed research, and advised on cannabis impairment, real-time impairment tools and limitations of current detection methods.

Case example:
In a workplace impairment case, Dr. Marcu’s testimony was used to help interpret cannabis use, drug tests and impairment tests, influencing how liability and workplace policy were interpreted.

About Dr. Marcu

  • PhD focused on cannabinoids

  • Court-qualified expert witness

  • Published in JAMANature, and other journals

  • Founder of Delaware Analytical, LLC, and CSO of Physicians Research Center

  • Basic and clinical research, method accreditation consultant, and editor-in-chief of a peer-reviewed cannabis journal

  • Supreme Court Amicus Brief with Marvin Washington

  • State V. Srack (Synthetic cannabinoids)

  • Elite Genetics v. Team Elite (California) No. 30-2020-01129404-CU-BT-CJC

  • Buddy Boy v. Avista (Washington State)No. 18204880-32

  • Drug test interpretation; Tedesko Law Group (Oregon) and Weyerhaeuser (Arkansas) - In the Matter of an Arbitration between Weyerhaeuser NR Company and United Brotherhood of Carpenters, Local 2345

  • Cannabidiol/hemp product litigation (Texas)

  • Pennsylvania Senate Republicans Senate Hearing Testimony

  • Additional testimonies provided at hearings and regulatory meetings

Examples of Expert Testimony and Witness Experience

Jahan Marcu, PhD

Molecular Pharmacologist, Basic and Clinical Researcher, Regulatory Advisor, Author, Educator, Biotech Entrepreneur, Standards Development, Expert Witness

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