The “Illegality Defense” in Cannabis Contracts

 In recent years, courts across the country are sending mixed signals as to whether the “illegal contract” or “illegality” defense prevents the enforcement of cannabis contracts. The inconsistencies among courts present significant hurdles for investors and distributors who cannot be certain any contract will…

Frantz Ward Client Obtains Favorable Ruling in Dispensary License Litigation

An Ohio judge ordered the Board of Pharmacy to reconsider its denial of a provisional dispensary license to Frantz Ward’s client, Pure Ohio Wellness, LLC. Pure Ohio was the highest-scoring dispensary applicant in the state’s Southwest-7 District, which includes Fayette, Madison, and Greene counties….

Cannabis Industry Faces Another Obstacle as Tax Court Upholds Section 280E

In a blow to the American cannabis industry, the United States Tax Court found that Section 280E of the Internal Revenue Code (“IRC”) did not violate the Eight Amendment to the United States Constitution. Northern California Small Business Assistance Inc. v. Commissioner, 153 T.C….