Ensysce Biosciences, Inc.

On August 5, 2026, Ensysce Biosciences, Inc., a Delaware corporation (“we,” “us,” “our,” or the “Company”),

filed a Certificate of Designation of Preferences, Rights and Limitations of the Series C Non-Voting Convertible Preferred Stock (the “Series C Certificate of Designation”) with the Secretary of State of the State of Delaware that related to the issuance of the Company’s Series C Non-Voting Convertible Preferred Stock, par value $0.0001 per share (the “Series C Preferred Stock”). On August 6, 2026, we filed a Certificate of Correction to the Series C Certificate of Designation.

On September 25, 2026, the Company amended the Series C Certificate of Designation to remove Section 6.5.3 and other references to Section 6.5.3 in the Series C Certificate of Designation (the “Amendment”). Section 6.5.3 provides that the Series C Preferred Stock is redeemable for cash at the option of the holder thereof at any time following stockholder approval of the conversion of shares of Series C Preferred Stock into shares of the Company’s common stock, par value $0.0001 per share (the “Common Stock”) in accordance with the rules of the Nasdaq Stock Market LLC, if there is any failure to deliver shares of Common Stock in accordance with the terms of the Series C Preferred Stock, at a price per share equal to the then-current fair value of the Series C Preferred Stock, as described in the Series C Certificate of Designation. The Amendment was effective upon filing.

The foregoing description of the Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the Amendment, a copy of which is filed as Exhibit 3 to this Current Report and is incorporated herein by reference.

(d) Exhibits