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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…
DEA Inspections and Information Requests: What You Need to Know
Blog July 24, 2026
DEA Inspections and Information Requests: What You Need to Know
While the medical marijuana rescheduling order made clear that the Drug Enforcement Agency (“DEA”) would prioritize the review of medical marijuana applications submitted during the first sixty (60) days of the application window, we are watching now the details and process of that review come into picture…
Cannabis Rescheduling and the Path to U.S. Exchange Listings: What Management Teams Need to Know Now
Blog May 28, 2026
Cannabis Rescheduling and the Path to U.S. Exchange Listings: What Management Teams Need to Know Now
The federal regulatory landscape governing cannabis in the United States is undergoing its most significant transformation in over fifty years…
Minnesota Governor Walz Signs Landmark Cannabis Omnibus Bill, Reshaping State’s Cannabis Industry
Blog May 28, 2026
Minnesota Governor Walz Signs Landmark Cannabis Omnibus Bill, Reshaping State’s Cannabis Industry
On May 26, 2026, the Minnesota Governor Tim Walz signed into law the 2026 Omnibus Cannabis Bill…
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…
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…
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…
House Appropriations Committee Takes Aim at Intoxicating Hemp
Blog June 05, 2025
House Appropriations Committee Takes Aim at Intoxicating Hemp
Could Congress stamp out the national intoxicating hemp product market through a routine spending bill? With Congress balking at direct regulation of the nearly $30 billion national hemp cannabinoid product market, certain Republican legislators are exploring more restrictive language in the definition of Hemp from the 2018 Farm Bill as the market explodes nationwide…
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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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