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Cannabis & the Law

Foley Hoag has been at the forefront of the medical and adult-use cannabis industry since the very early stages of its regulation and legalization in specific U.S. states and beyond. Our leading, full-service Cannabis Practice is comprised of attorneys with unique insight and experience to assist cannabis and cannabis-related operators and investors with all aspects of their business. Our practice is national and international in scope, as we represent cannabis clients in transactions in a variety of states and Canada.

Federal Court Declares New Jersey's Cannabis Labor Peace Agreement Mandate Preempted by Federal Law: What Every Licensed Operator Needs to Know
Blog August 18, 2026
Federal Court Declares New Jersey's Cannabis Labor Peace Agreement Mandate Preempted by Federal Law: What Every Licensed Operator Needs to Know
On August 10, 2026, the United States District Court for the District of New Jersey entered final judgment in Curaleaf Holdings, Inc. v. New Jersey Cannabis Regulatory Commission, No. 25-cv-16397 (D.N.J.), declaring that the labor peace agreement ("LPA") requirement in the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act ("CREAMMA") and its implementing regulations is preempted by the National Labor Relations Act ("NLRA") as applied against plaintiff Curaleaf…
New Jersey Legislative Changes Implement Growth and Opportunity for Cannabis Marketplace
Blog January 14, 2026
New Jersey Legislative Changes Implement Growth and Opportunity for Cannabis Marketplace
2025 ended and 2026 commenced with a flurry of legislative activity in New Jersey touching on cannabis businesses…
New Jersey Opens Applications for Consumption Lounges
Blog January 03, 2025
New Jersey Opens Applications for Consumption Lounges
While the pace of adult-use applications in New Jersey has steadied from its initial peak between 2021-2023, a new wave of applications has just opened for consumption lounges in the Garden State…
Federal District Court Grants Partial Victory to Hemp Operators Challenging the NJHAA
Blog October 25, 2024
Federal District Court Grants Partial Victory to Hemp Operators Challenging the NJHAA
In a decision that reads as one of the strongest endorsements of state-based intoxicating hemp regulatory controls in recent memory, the U.S. District Court for the District of New Jersey recently upheld, in part, and struck down, in part, New Jersey’s recently enacted New Jersey Hemp Act Amendments…
New Jersey Passes Law to Regulate/Restrict the Sale of Intoxicating Hemp Derived Products
Blog September 12, 2024
New Jersey Passes Law to Regulate/Restrict the Sale of Intoxicating Hemp Derived Products
The Governor of New Jersey signed into law Senate Bill No. 3235 (the “Intoxicating Hemp Law”), designed to regulate the production and sale of certain intoxicating hemp products…
Last Call for Delaware Applications: Some tips for Applicants
Blog September 11, 2024
Last Call for Delaware Applications: Some tips for Applicants
License hunters may have whiplash with state application processes in Kentucky, Minnesota, and Ohio (10(b) licenses) barely in the rearview mirror, but Delaware’s new license application deadline is fast approaching…
New Jersey Cannabis: Drastic Expansion in License Ownership Rights
Blog June 22, 2023
New Jersey Cannabis: Drastic Expansion in License Ownership Rights
Both Houses of the New Jersey Legislature just passed a law that would allow anyone – including operators already holding other licenses in the State of New Jersey – to obtain ownership in up to seven (7) diversely-owned Class 5 Retail Licenses. By way of background and reminder, the current regulations promulgated by the New Jersey Cannabis Regulatory Commission (“CRC”) prohibit an owner (holding 5% or more equity) of one entity holding a cannabis license from being an owner in any other…
2022 Cannabis Year-in-Review
Blog January 24, 2023
2022 Cannabis Year-in-Review
2022 has been a rollercoaster of a year for the cannabis industry. On the upside, several states have passed legislation to either permit adult use or permit a medical marijuana program. Federally, simple possession cannabis offenses have been pardoned and legislation was passed to allow for research into cannabis. On the downside, the industry has been in a slump as the market gets more crowded and investor streams are drying up…
The CRC Prepares to Bring Consumption Lounges to New Jersey
Blog January 18, 2023
The CRC Prepares to Bring Consumption Lounges to New Jersey
The New Jersey Cannabis Regulatory Commission (“CRC”) has been busy in 2022 reviewing thousands of applications submitted for Class 1 Cultivators, Class 2 Manufacturers, and Class 5 Retailers, and has added an additional use – consumption lounges – that will undoubtedly be met with additional applications and activities for those endorsements in 2023 and beyond. By way of brief background and reminder, at the end of 2021…
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About Our Blog

Foley Hoag has been at the forefront of the medical and adult-use cannabis industry since the very early stages of its regulation and legalization in specific U.S. states and beyond. Our leading, full-service Cannabis Practice is comprised of attorneys with unique insight and experience to assist cannabis and cannabis-related operators and investors with all aspects of their business. Our practice is national and international in scope, as we represent cannabis clients in transactions in a variety of states and Canada.

We have developed this blog specifically to track the regulatory framework for the cannabis industry and provide insight on legal issues of concern to cannabis businesses.

Our focus will include reporting legal developments and providing commentary on:

  • Legislative developments;
  • Regulatory and policy enactments;
  • The appointment and constitution of the Cannabis Control Commission;
  • The impact of recreational cannabis regulation on the existing medical marijuana regulatory framework;
  • Developments in federal law;
  • Municipal issues;
  • Corporate considerations;
  • Employment issues; and
  • Policy matters.

Related Services

We have been at the forefront of the medical and adult-use cannabis industry since the very early stages of its regulation and legalization across the U.S. Learn more about our practices and focus areas within the cannabis industry:

Industry
Cannabis
We have been at the forefront of the medical and adult-use cannabis industry since the very early stages of its regulation and legalization across the U.S.
Practice
Mergers & Acquisitions
Our experienced M&A attorneys handle transactions of all sizes; clients tell us that we add value to their deals because we understand their business, the market in which they compete and how the transaction fits into their larger business goals.
Practice
Real Estate & Development
We represent owners, developers, landlords and tenants on the full range of development projects from residential to commercial to public infrastructure. Our real estate and development lawyers help our clients develop successful strategies, obtain government approvals and secure project financing.
Practice
Tax
Leveraging decades of experience gained in private practice, Big Four tax consulting and government practice, our Tax Group can advise you on myriad complex domestic and international tax matters.
Practice
FDA
We provide the innovative counsel and constant diligence that companies need to bring products to market and have a voice in regulatory processes
Practice
Labor & Employment
We offer decades of experience helping companies manage their workplace legal issues.

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