News & Analysis as of

Breach of Contract › Controlled Substances Act

Frantz Ward LLP

Cannabis Litigation: Using Contractual Provisions to Avoid an Illegality Defense

Frantz Ward LLP on

Concerns remain over the enforceability of cannabis contracts as recent cases highlight the conflict between state-sanctioned operations and federal illegality. In both state and federal courts, judges have anchored to the...more

Troutman Pepper Locke

Federal Courts and Cannabis Disputes: A New Perspective from Bartch v. Barch

Troutman Pepper Locke on

On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more

Cooley LLP

Illegality Doctrine Rejected in Legal Cannabis Patent Case, Confirming Patent Enforceability

Cooley LLP on

As the industry for cannabis that is legal under state and/or federal law continues to expand, a flurry of court cases in recent years have addressed whether these businesses can utilize the federal courts to vindicate their...more

McGlinchey Stafford

MedMen’s Illegality Defense: Will the Court Take the Case?

McGlinchey Stafford on

Can claiming you broke the law get you out of a contract? Illegality And Unforceability- MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more

Harris Beach Murtha PLLC

Cannabis-Related Companies Can’t File Bankruptcy Until Federal Legalization

Harris Beach Murtha PLLC on

Although the use of cannabis has been legalized in approximately 39 states and the District of Columbia¹ , cannabis is still illegal federally and classified as a Schedule I drug under the Controlled Substances Act. As a...more

Allen Matkins

Are Cannabis Contracts Void?

Allen Matkins on

Section 1608 of the California Civil Code has been on the books since 1872. It provides...more

Harris Beach Murtha PLLC

Legalization of Hemp Will Give Businesses More Recourse and Certainty in Court

Harris Beach Murtha PLLC on

The 2018 Farm Bill, once signed into law, is expected to have a liberating effect on hemp and hemp-related businesses. Some of the impacts of this legislation are clear, such as opening the industry to new entrants and making...more

Farella Braun + Martel LLP

Working With a Commercial Cannabis Tenant

Farella Braun + Martel LLP on

The emergence of legalized marijuana for recreational adult use in California, beginning in some counties as early as January 2018, will require those involved in commercial real estate to continue to consider the pros and...more

Foster Garvey PC

Is a Cannabis Lease Void as an Illegal Contract?

Foster Garvey PC on

A fundamental rule of contract law is that “illegal” contracts are not enforceable. But what constitutes an “illegal contract”? Generally speaking, an illegal contract is one where the performance of the contract results in...more

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