News & Analysis as of

Controlled Substances Act Marijuana Motion to Dismiss

Carr Maloney P.C.

Federal Criminal Prohibition on Cannabis Unconstitutional? A Case to Watch

Carr Maloney P.C. on

Tired of waiting on Congress to act, in October 2023, several Massachusetts cannabis business owners, Canna Provisions, Inc., Gyasi Sellers, Wiseacre Farm, Inc., and Verano Holdings Corp, filed suit in a Massachusetts federal...more

Burns & Levinson LLP

The Exhaustion of Marijuana Legalization

Burns & Levinson LLP on

On May 30, 2019, the U.S. Court of Appeals for the Second Circuit ?—in an opinion delivered by the eminent Guido Calabresi?— offered the cannabis industry a glimmer of hope in its pursuit of the federal legalization of...more

McDermott Will & Emery

If the DEA Does Not Quickly Reexamine Marijuana’s Classification Under the Controlled Substance Act, the Second Circuit Might

McDermott Will & Emery on

“Plaintiffs claim that marijuana has extended their lives, cured seizures and made pain manageable. If true, these are no small things.” So wrote Judge Calabresi on behalf of the United States Court of Appeals for the Second...more

Farrell Fritz, P.C.

Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion

Farrell Fritz, P.C. on

Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA)....more

Burns & Levinson LLP

Case Watch Update: A Deeper Dive into Crimson Galeria Limited Partnership v. Healthy Pharms, Inc.

Burns & Levinson LLP on

Picking up from an earlier post this month post, this week, we’re drilling down into the arguments raised by Century Bank and Trust Company[1]—one of the non-government defendants—as to why the Plaintiffs’ RICO claim against...more

Burns & Levinson LLP

Case Watch: Crimson Galeria Limited Partnership v. Healthy Pharms, Inc.

Burns & Levinson LLP on

Recently, in a closely watched cannabusiness case, U.S. District Court for the District of Massachusetts Judge Allison D. Burroughs issued a memorandum and order on motions to dismiss in Crimson Galeria Limited Partnership,...more

Tucker Arensberg, P.C.

Growing Medical Marijuana, Problematic in Bankruptcy, and Out

Tucker Arensberg, P.C. on

Frank Arenas is licensed in Colorado to grow and dispense medical marijuana. He and his wife own a building, half of which is used for the cultivation and the other half of which is leased to a marijuana dispensary. These...more

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