Federal Courts Are Trending Against Cannabis Contracts

Law360 (September 24, 2020, 3:09 PM EDT) -- A few weeks back, the Cannabis Law Institute invited me to discuss contract drafting for cannabis deals. A focal point for the panel was whether courts are willing to enforce cannabis contracts.

The last time I had really looked at that issue was early 2019, when I wrote, "Cannabis Dispute? Courts are Open."[1]

As the title indicates, my research and experience showed that both state and federal courts were generally open to resolving cannabis contract disputes at the time. And I assumed the trend had held. Unfortunately, it has not.

In the 2019 piece, I summarized:

[Contract enforceability] was always the...

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