Emory Bankruptcy Developments Journal


Vivian Cheng


Since California passed the Compassionate Use Act of 1996, the interaction between state and federal medical marijuana laws have been a subject of frequent legal debate. But few have considered whether state-compliant medical marijuana dispensaries may seek assistance from the bankruptcy system. Two dispensaries recently tested their ability to reorganize under chapter 11 of the Bankruptcy Code, but the cases were quickly dismissed. The U.S. Trustees argued that the debtors' business activities constituted "cause" to dismiss, lack of good faith in filing, and a "means forbidden by law," and left the debtor with little reasonable chance of success.