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Lead-in: In an unpublished, unanimous 3-judge panel decision from the Third Circuit Court of Appeals (which includes PA, DE, and NJ), the court ruled that a contract between a Pennsylvania medical marijuana grower/processor and a consultant that assisted in drafting the company’s medical marijuana application may be unenforceable in federal courts because the subject matter of the contract involves conduct that violates federal law. The concurring opinion claims that the medical benefits of cannabis have been “contradicted” by a 2025 study and asserted that “courts cannot and will not enforce contracts violative of the CSA.
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