John Walters and Tom Riley suggest in the Weekly Standard how Big Dope might follow Big Tobacco off the tort liability cliff:
[C]ommunities are not helpless before [the legalization] onslaught. Even when the criminal law has been compromised at the state level, resort to civil procedure might offer protection. Legal or illegal, marijuana injures users--researchers call it a "neurotoxin"--and those who distribute it for profit are liable for its known effects. Its production and distribution, after all, are still federal crimes. America's tort attorneys could respond by suing drug retailers for the harm done by their product to particular addicts, then collecting damages for the clients and legal fees for themselves.*******************************
If you think trial lawyers made a windfall on tobacco, just wait until they get a handle on marijuana. The scientific and medical evidence against marijuana now dwarfs what we knew about tobacco at the time of the surgeon general's report of 1964. No warning label in the world could shield marijuana growers and sellers from the tsunami of tort liability they should face from distributing a product with so many known harmful effects.
Tort lawyers versus pot pushers is a match I'd pay good money to see.