The Puerto Rico Court of Appeals has dismissed a case involving Novacann Labs, Corp. and Marjorie Rivera Tolentino, the Executive Director of the Office of Medicinal Cannabis. The court ruled on June 5, 2026, that it lacked jurisdiction to hear the case due to the academic nature of the dispute. This ruling affects how public information requests are handled in the cannabis sector in Puerto Rico.

The case, docket number TA2026CE00631, arose from a dispute over a public information request made by Novacann Labs. The company sought information from the Cannabis Regulatory Board, claiming that the board failed to respond adequately to its request. The court's decision has significant implications for transparency and access to information within the cannabis industry in Puerto Rico.

Background

Novacann Labs, Corp. is a company involved in the cannabis industry in Puerto Rico. The dispute began when Novacann submitted a request for public information to the Cannabis Regulatory Board on December 2, 2025. After an initial response that Novacann found unsatisfactory, the company amended its request on December 18, 2025. The board responded with limited information, claiming that some of the requested documents were not publicly disclosable.

In response to the board's actions, Novacann filed a judicial review on February 16, 2026, under the Transparency and Public Information Access Law (Law No. 141-2019). The board argued that the requested information was either non-existent or protected under confidentiality laws. The case escalated through the court system, eventually leading to the Court of Appeals.

The Ruling

The Court of Appeals, led by Judge Mateu Meléndez, ruled that it lacked jurisdiction over the case. The court noted that the controversy had become academic, meaning that the issues at hand were no longer relevant due to changes in circumstances. The court stated, “the absence of jurisdiction does not permit us to consider the merits of the appeal.” This ruling effectively dismissed Novacann's appeal regarding the board's failure to provide requested information.

In its decision, the court emphasized the importance of jurisdiction, stating that “the absence of jurisdiction cannot be remedied and is fundamentally linked to the authority granted to us to address a legal issue.” The judges also pointed out that since the primary court had already issued orders that addressed some of the issues raised, the appeal was no longer necessary.

Impact

This ruling has significant implications for the cannabis industry and public access to information in Puerto Rico. It reinforces the idea that requests for information must be timely and relevant; otherwise, they may be dismissed as academic. The decision also highlights the challenges companies face when seeking transparency from regulatory bodies.

Moving forward, this ruling may set a precedent for how similar cases are handled in the future. Companies in the cannabis sector may need to be more strategic in their requests for information to avoid dismissal on jurisdictional grounds. Additionally, this case underscores the importance of regulatory agencies providing clear and timely responses to public information requests.

What's Next

Details were not available in the court filing regarding whether this decision can be appealed. However, it is likely that Novacann Labs may consider its options for further legal action or clarification on the issues raised in this case.