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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.

Cannabis Rescheduling: DOJ, Treasury, and DEA Updates Since the April 23 Order
Blog April 27, 2026
Cannabis Rescheduling: DOJ, Treasury, and DEA Updates Since the April 23 Order
On April 23, 2026, as we discussed in our prior client alert, the Department of Justice issued a Final Order immediately placing cannabis “subject to a state medical marijuana license” in Schedule III of the Controlled Substances Act. The Order also directed the DEA to restart formal administrative rulemaking proceedings to consider the broader rescheduling of all cannabis from Schedule I to Schedule III. As we noted, the immediate practical implications were significant…
Virginia Legislature Advances Competing Bills to Launch Adult-Use Marijuana Sales
Blog February 17, 2026
Virginia Legislature Advances Competing Bills to Launch Adult-Use Marijuana Sales
The Commonwealth of Virginia has inched closer to (finally) launching an adult-use marijuana marketplace nearly 5 years after it legalized adult-use possession and home grow activities…
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…
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…
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…
The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline
Blog May 14, 2024
The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline
On April 30, 2024, the Associated Press reported the Drug Enforcement Administration will propose a rule to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act…
NYS Lawmakers Unveil Cannabis Industry Reform Proposals in State Budget Negotiations
Blog March 14, 2024
NYS Lawmakers Unveil Cannabis Industry Reform Proposals in State Budget Negotiations
Earlier this week, the NYS Senate and Assembly unveiled their “one-house budget proposals” in response to Gov. Kathy Hochul’s executive budget proposal in January. The one-house budget includes several proposals related to the cannabis industry…

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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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