Cannabis Litigation: Using Contractual Provisions to Avoid an Illegality Defense

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 Controlled Substances Act of 1970 (21 U.S.C. § 801 et seq.) (the “CSA”) in dismissing cases and ruling against cannabis operators, even when medical and adult use marijuana are legal in the relevant state....
By: Frantz Ward LLP

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