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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.

Massachusetts House and Senate Conferees Agree on Compromise Bill to Implement Significant Changes to Commonwealth's Cannabis Industry
Blog April 06, 2026
Massachusetts House and Senate Conferees Agree on Compromise Bill to Implement Significant Changes to Commonwealth's Cannabis Industry
Earlier today, Massachusetts legislators agreed on a compromise bill to reform the Cannabis Control Commission (“Commission”) and implement certain meaningful reforms to help businesses still standing after a few years of strong market downturns…
Massachusetts Legislators Skeptical of Prohibitionist Ballot Initiative
Blog March 31, 2026
Massachusetts Legislators Skeptical of Prohibitionist Ballot Initiative
Nearly a full decade after Massachusetts voters approved the legalization of recreational cannabis, the Commonwealth’s cannabis industry is staring down an existential threat in the form of ballot initiative No. 25-10, known as “An Act to Restore a Sensible Marijuana Policy.”…
Proposed Bill from Joint Cannabis Committee Would Adopt Meaningful Reforms to Struggling Mass. Cannabis Industry
Blog May 28, 2025
Proposed Bill from Joint Cannabis Committee Would Adopt Meaningful Reforms to Struggling Mass. Cannabis Industry
Nearly nine years after voters authorized the regulated sale of adult use cannabis in Massachusetts, the Joint Cannabis Committee is addressing the challenges (and that’s an understatement) the industry is facing with a very meaningful reform bill…
A Trip Into the Fine Print of Ballot Question 4: MA’s Proposal to Legalize Certain Natural Psychedelic Substances
Blog November 04, 2024
A Trip Into the Fine Print of Ballot Question 4: MA’s Proposal to Legalize Certain Natural Psychedelic Substances
With election day less than 24 hours away, we wanted to provide a primer on Massachusetts Ballot Question 4, which, if you believe recent voter polls, may soon make the Commonwealth just the second state in the nation to stand up a licensed, medical-use market for certain psychedelic substances…
Legislature Leaves CCC to Its Own Devices
Blog August 01, 2024
Legislature Leaves CCC to Its Own Devices
With the end of the formal legislative session having come and gone, it appears that the Massachusetts legislature will not answer calls to step in to manage the affairs of the state’s Cannabis Control Commission, which, according to some officials on Beacon Hill, is an agency in disarray…
CCC Quietly Issues Guidance to Greatly Disrupt Advertising Practices
Blog May 29, 2024
CCC Quietly Issues Guidance to Greatly Disrupt Advertising Practices
On May 21, the Cannabis Control Commission quietly published a bulletin on its website that will immediately impact retailers already struggling to maintain footing in the competitive Massachusetts market…
Massachusetts Legislature Passes Host Community Agreement (HCAs) Reform Legislation
Blog August 01, 2022
Massachusetts Legislature Passes Host Community Agreement (HCAs) Reform Legislation
The Massachusetts Legislature has proposed new limitations on community impact fees, which may change the dynamic of the relationship between licensees and their host communities. Once effective, the Cannabis Control Commission would be charged with reviewing the community impact fee provisions of both new and existing HCAs for compliance. Specific limitations on community impact fees include a prohibition on fees tied to a percentage of gross sales…
Massachusetts May “Decouple” From Section 280E
Blog June 16, 2022
Massachusetts May “Decouple” From Section 280E
Massachusetts is on the brink of becoming the next member of a growing number of states that are “decoupling” from Section 280E, the federal tax law that severely limits the extent to which cannabis-related businesses can deduct expenses for income tax purposes. If pending legislation is enacted, such limitations would not apply for Massachusetts state income tax purposes, leading to potential tax relief for Massachusetts cannabis-related businesses…
UPDATE: Massachusetts Senate Passes Bill Which Will Make Major Changes to Cannabis Policy in the State
Blog April 22, 2022
UPDATE: Massachusetts Senate Passes Bill Which Will Make Major Changes to Cannabis Policy in the State
Back in February, we blogged about the Massachusetts Joint Committee on Cannabis Policy (the “Committee”) releasing a cannabis bill (H. 174/S. 72) through Committee without any opposition. This bill proposed major changes to host community agreements (“HCA”), re-vamped the state's approach to social equity in the industry, and provided a legislative fix to permit on-site consumption establishments. The bill was amended in another committee and the Senate adopted several amendments…
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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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