sisley v dea marijuana cannabis

Sisley v. DEA: A Petition for Rehearing Has Been Filed

In follow-up to this post, we are happy to report that Dr. Sisley is still fighting the good fight: on Monday, Petitioners filed a Petition for Panel Rehearing or Rehearing En Banc. Although it’s not uncommon for these to get filed, few and far in between are granted (filing such a petition to rehash the

cannabis copyright litigation

Cannabis Litigation: Solar Therapeutics’ Principal Claims No Personal Liability for Copyright Infringement

Recently, we covered Sacha Baron Cohen and his company’s copyright infringement lawsuit against Massachusetts dispensary Solar Therapeutics, its President and Director, Edward Dow III, filed a motion to dismiss this week for failure to demonstrate Mr. Dow is personally liable for Solar’s conduct. As we mentioned in the last post, personal liability is not something

minnesota hemp delta 9 thc cbd

Minnesota Cannabis: Appellate Court Rules that Hemp-Derived Cannabinoids in Liquid (But Not Leafy!) Form are Unlawful

We don’t write about criminal cases often, but a recent decision from the Minnesota Court of Appeals caught my eye because of its potential impact on the people of Minnesota and businesses engaged in processing, manufacturing, possession, or selling of Hemp/CBD in Minnesota. This ruling affects manufacturers, processors, sellers, distributors, and consumers of any liquid

sisley dea cannabis marijuana reschedule

The End of Sisley’s Challenge to the DEA

Well, it’s over (for now) for Suzanne Sisley. As we covered last year, Sisley, et al. v. U.S. Drug Enforcement Administration, et al., Case No. 20-71433, was an appellate case filed by a group of scientists and veterans that had sued the DEA in May 2020. They, like so many others, argued that the DEA’s

cannabis marijuana bankruptcy

Cannabis Bankruptcy 101

In a prior post, we discussed some of the emerging trends for cannabis-related companies that seek bankruptcy protection (click here to view the prior post). But, in the first instance, the question is whether a cannabis-related company can file for bankruptcy relief? This post will examine the first decision from Arizona in the case of

tcpa cannabis litigation

Cannabis Litigation: The New-ish Trend in TCPA Claims After Facebook

In April, we wrote about the Facebook v. Duguid ruling issued by the Supreme Court was likely going to gut a great number of TCPA cases pending across the United States, some of which involve cannabis companies. As a quick recap, the Supreme Court had narrowed the definition of the “automatic telephone dialing system” (“ATDS”)

Cannabis Litigation: Attempt to Plead Around the “Illegality” Defense Fails

Cannabis Litigation: Attempt to Plead Around the “Illegality” Defense Fails

As the country moves toward decriminalizing and even legalizing marijuana, federal courts largely remain closed to commercial disputes involving marijuana by operation of the illegality defense.  We’ve written about the defense on several occasions, see here and here. Briefly, the illegality defense is an affirmative defense pleaded by a defendant who has been sued for

borat cohen cannabis marijuana copyright infringement

Cannabis Copyright Infringement: It’s NOT Nice

Our posts here regularly cover celebrity-backed cannabis companies who are doing things right (and sometimes, doing things wrong), but a recent copyright infringement case proves that not all celebrities are interested in getting involved in the industry – and certainly shouldn’t be presumed to be okay with using their fame to promote it. Solar Therapeutics