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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.

DEA Application Portal for Expedited Registration of Medical Marijuana Dispensaries is Now Open
Blog April 30, 2026
DEA Application Portal for Expedited Registration of Medical Marijuana Dispensaries is Now Open
As previewed in our recent blog posts (here and here), the DEA application portal for expedited registration of medical marijuana dispensaries is now open and businesses are currently able to submit applications…
DOJ Immediately Reschedules State-Licensed Medical Cannabis to Schedule III — and Restarts the Clock
Blog April 23, 2026
DOJ Immediately Reschedules State-Licensed Medical Cannabis to Schedule III — and Restarts the Clock
After years of false starts, the federal government has finally moved on cannabis rescheduling — at least partially. On April 23, 2026, the Department of Justice issued an Order immediately placing cannabis “subject to a state medical marijuana license” in Schedule III of the Controlled Substances Act (CSA). Simultaneously, the DEA announced an expedited administrative hearing — set to begin June 29, 2026 — to address the broader rescheduling of all cannabis from Schedule I to Schedule III…
Media Reports President Trump to Issue Impending Executive Order on Cannabis Rescheduling: Legal Process, Limitations, and Next Steps
Blog December 16, 2025
Media Reports President Trump to Issue Impending Executive Order on Cannabis Rescheduling: Legal Process, Limitations, and Next Steps
According to numerous media reports, President Donald Trump is strongly considering issuing an executive order directing federal agencies to resume the process rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act…
OCM’s Regulatory Blunder: More turmoil for NY’s nascent adult-use cannabis market
Blog July 29, 2025
OCM’s Regulatory Blunder: More turmoil for NY’s nascent adult-use cannabis market
On July 28, 2025, the New York State Office of Cannabis Management (OCM) revealed that they have taken inconsistent and positions with respect to measuring distances between dispensaries and sensitive locations in close proximity, which has the potential to impact hundreds of already-licensed businesses…
New York Investigations and Enforcement Actions Ramp Up with OCM and TPB
Blog July 17, 2025
New York Investigations and Enforcement Actions Ramp Up with OCM and TPB
The New York Office of Cannabis Management (“OCM”) recently took enforcement action against a retailer and manufacturer, resulting in a fine and heightened monitoring for the licensed operators…
ALJ Hearing on Rescheduling Faces Delay Over Witness Standing
Blog November 04, 2024
ALJ Hearing on Rescheduling Faces Delay Over Witness Standing
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
Cannabis Rescheduling Update: DEA Announces Date for ALJ Hearing
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
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…
New York State Court Invalidates Certain Adult-Use Regulations Around Third Party Marketing Platforms
Blog April 04, 2024
New York State Court Invalidates Certain Adult-Use Regulations Around Third Party Marketing Platforms
In a breathtaking decision filed yesterday in New York Supreme Court, the Honorable Kevin R. Bryant issued a decision and order that struck down virtually all of New York’s adult-use cannabis industry regulations as unlawful and void and arbitrary and capricious, however, less than twenty-four hours later, he handed down an amended decision and order, limiting the scope of the decision to certain regulations related to third-party marketing platforms…
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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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