The Plaintiffs argue further that, despite the fact that neither the Supremacy Clause nor the CSA provide a private right of action, the court has the equitable power to enjoin the Government Defendants from enforcing regulations that conflict with the CSA. The Plaintiffs allege that MassachusettsвЂ™ regulations pertaining to RMDs conflict with the CSA and are, therefore, preempted by federal law. Next week, IвЂ™ll evaluate the courtвЂ™s discussion regarding whether a private RICO action could be maintained against Century Bank for simply providing ordinary banking services in accordance with federal guidance. In this first of a two-part series, I will provide a general description and summary of the courtвЂ™s ruling. The Plaintiffs sought declaratory and injunctive relief against the Dispensary Defendants. The Plaintiffs also asserted claims against Healthy Pharms and the other Dispensary Defendants alleging civil violations of the Racketeer Influenced and Corrupt Organizations Act, for acting and conspiring to distribute marijuana in violation of the CSA. This was a clear attempt by the Plaintiffs to create a private right of action under the CSA, which the court refused to acknowledge. The Plaintiffs alleged that Healthy PharmsвЂ™ potential operation diminished the market value of their properties and hurt development opportunities, in their eyes, the RMDВ made Harvard Square a less desirable location for prospective buyers or renters who вЂњreasonably worryвЂќ about вЂњincreased crimeвЂќ and вЂњpungent odors.вЂќThe Plaintiffs asserted claims against the вЂњGovernment DefendantsвЂќ for declaratory and injunctive relief, arguing that federal law (i.e., the Controlled Substances Act) preempts MassachusettsвЂ™ legalization of medical marijuana dispensaries.

At the time the Plaintiffs filed suit, Healthy Pharms was not open for business, so the Plaintiffs based their claims on the idea that Healthy PharmsвЂ™ disclosure of the potential dispensary hurt their property values and interests. For a bit of background, the Plaintiffs are property owners in Cambridge, MassachusettsвЂ™ Harvard Square, whose property either abuts or is located within 200 feet of Healthy PharmsвЂ™ now-open registered marijuana dispensary. Burroughs issued a memorandum and order on motions to dismiss in Crimson Galeria Limited Partnership, et al. District Court for the District of Massachusetts Judge Allison D.

Recently, in a closely watched cannabusinessВ case, U.S.

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