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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.

Navigating IRC Section 280E: Current Updates for Cannabis Taxpayers
Blog September 18, 2025
Navigating IRC Section 280E: Current Updates for Cannabis Taxpayers
With October’s deadline for taxpayers on tax return filing extension for tax year 2024, this alert provides updates to our post in May on the exploding trend of cannabis tax filers taking the uncertain tax position that Internal Revenue Code Section 280E is inapplicable…
Governor Shapiro and Legislators Revive Push for Adult-Use Cannabis in Pennsylvania
Blog February 18, 2025
Governor Shapiro and Legislators Revive Push for Adult-Use Cannabis in Pennsylvania
Is this the year that Pennsylvania finally legalizes adult-use cannabis?…
What Cannabis, Hemp, and CBD Companies Need to Know about the PACT Act
Blog March 24, 2021
What Cannabis, Hemp, and CBD Companies Need to Know about the PACT Act
Vape product sellers face a new legal landscape after Congress recently expanded the Prevent All Cigarette Trafficking (“PACT”) Act to cover vaping devices. The amendments to the PACT Act came in the waning days of 2020 as a little noticed addition to a consolidated budget and Covid-19 relief bill. The requirements of the PACT Act now apply to all Electronic Nicotine Delivery Systems, or “ENDS”, which are defined as: “any electronic device that…
City of Northampton Nixes 3% Impact Fee in Host Community Agreements
Blog February 02, 2021
City of Northampton Nixes 3% Impact Fee in Host Community Agreements
In what appears to be a win-win for the city and cannabis businesses, the City of Northampton announced it is dropping the 3% community impact fee it collects from marijuana establishments and medical marijuana treatment centers. Instead, the City will collect an impact fee only after identifying a specific cost incurred by the community. The change applies to both existing and prospective licensees. Massachusetts law allows communities to collect a fee—limited to 3% of gross sales and for…
Colorado Jury Sides with Cannabis Grower in RICO Lawsuit
Blog November 07, 2018
Colorado Jury Sides with Cannabis Grower in RICO Lawsuit
A Colorado federal jury sided last week with a cannabis cultivation business owner against his neighbor in one of the first Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuits against a cannabis grower to reach a jury verdict in the nation.  The plaintiffs in Reilly v. 6480 Pickney brought suit under the federal RICO statute, arguing that certain predicate acts related to marijuana cultivation led to odors and noises emanating from the defendants business facility that had…
Crimson Galeria v. Healthy Pharms: update in commercial cannabis lawsuit
Blog September 11, 2018
Crimson Galeria v. Healthy Pharms: update in commercial cannabis lawsuit
A recent decision in a closely-watched commercial cannabis case opens the possibility for increased commercial activity in the nascent recreational cannabis market in Massachusetts.  On August 21, Judge Burroughs of the U.S. District Court for the District of Massachusetts issued a memorandum and order on motions to dismiss in Crimson Galeria Limited Partnership, et al. v. Healthy Pharms, Inc., et al, granting a victory for the named government defendants (Massachusetts Department of…
Enforcing Federal Cannabis Laws: Summer 2018 Update
Blog August 24, 2018
Enforcing Federal Cannabis Laws: Summer 2018 Update
With July 1st in the rear-view mirror and provisional licenses spreading throughout the Commonwealth, we thought now would be a good time for an update on the status of federal law enforcements unenviable task of enforcing the federal prohibition against marijuana in a state that has decriminalized the drug.  First a quick history lesson: recall that in 2013, the Obama administration released the Cole memorandum, a document meant to provide guidance to federal law enforcement in those…
Partner Kevin Conroy Featured in Banker Tradesman In Person
Blog August 09, 2018
Partner Kevin Conroy Featured in Banker Tradesman In Person
Banker Tradesman interviewed partner Kevin Conroy about the relationship between financial institutions and the marijuana industry. Click here to read on Scribd. Reprinted with permission from July 23, 2018…
U.S. Senate Votes to Legalize Hemp
Blog July 12, 2018
U.S. Senate Votes to Legalize Hemp
The United States Senate voted last week to legalize hemp as part of a provision of the omnibus Farm Bill.  If signed into law, the measure would legalize the plant for growth and production across the country.  Senate Majority Leader Mitch McConnell (R-KY) noted in support of passage that consumers across America buy hundreds of millions in retail products every year that contain hemp, but due to outdated federal regulations that do not sufficiently distinguish this industrial crop from…
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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:

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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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