Blog

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 and the Path to U.S. Exchange Listings: What Management Teams Need to Know Now
Blog May 28, 2026
The federal regulatory landscape governing cannabis in the United States is undergoing its most significant transformation in over fifty years…
Navigating IRC Section 280E: Current Updates for Cannabis Taxpayers
Blog September 18, 2025
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…
ALJ Sets Schedule and Ground Rules for Evidentiary Hearings on Marijuana Rescheduling
Blog December 12, 2024
After months of uncertainty and what Administrative Law Judge John J. Mulrooney called “spirited motion practice by the Designated Participants,” we finally have some clarity on the path forward toward the potential rescheduling of marijuana…
Trump Taps Controversial Florida Congressman as Attorney General Nominee
Blog November 13, 2024
In perhaps his most controversial cabinet appointment yet, earlier today, President-elect Trump said he would nominate Florida Rep. Matt Gaetz as U.S. Attorney General…
ALJ Hearing on Rescheduling Faces Delay Over Witness Standing
Blog November 04, 2024
The U.S. Drug Enforcement Administration is facing a minor delay in a crucial hearing initially scheduled for December 2, 2024, regarding the rescheduling of cannabis under federal law…
Cannabis Rescheduling Update: DEA Announces Date for ALJ Hearing
Blog August 27, 2024
On August 27, 2024, the Drug Enforcement Administration has scheduled an ALJ hearing to consider briefs, evidence and witnesses from “interested parties”1 in connection with the DEA’s proposed rulemaking to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act, following procedures established in both the CSA and the Administrative Procedures Act…
The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline
Blog May 14, 2024
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…
DOJ and Private Whistleblowers Pursue Marijuana-Related Businesses for Alleged Violations of COVID Relief Loan Policies
Blog April 19, 2024
The U.S. Department of Justice is investigating cannabis and marijuana-related businesses that allegedly took COVID-19 relief loans in violation of federal rules, with third-party actors leveraging a whistleblower policy that allows them to reap a portion of settlement awards for reporting on the cannabis companies…

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.