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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…
NLRB Rules that Post-Harvest Workers are Covered by Federal Labor Law
Blog May 14, 2026
NLRB Rules that Post-Harvest Workers are Covered by Federal Labor Law
As we previously blogged, the line between “agricultural” work and “processing” work in the cannabis industry has real consequences for whether workers can unionize under federal labor law…
Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge
Blog June 06, 2025
Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge
A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license…
Some Cannabis Employees Are Voting Out Their Union
Blog July 16, 2024
Some Cannabis Employees Are Voting Out Their Union
As the cannabis industry matures, some workers grow weary of their representation…
NLRB Division of Advice Weighs in on Cannabis Workers
Blog January 28, 2021
NLRB Division of Advice Weighs in on Cannabis Workers
As we previously blogged, “agricultural employees” are excluded from coverage under the federal National Labor Relations Act, which governs unionization.  The National Labor Relations Board's Division of Advice (which determines which cases to prosecute) has now weighed in for the first time as to what this means for cannabis grow workers.  In an opinion just released, the Division of Advice found that workers in an indoor greenhouse are excluded from the NLRA's coverage because they…
Certain Cannabis Industry Workers Are Not “Employees” Under Federal Labor Law; Could Be Covered by Mass. Law
Blog October 29, 2020
Certain Cannabis Industry Workers Are Not “Employees” Under Federal Labor Law; Could Be Covered by Mass. Law
In a recent decision, the Regional Director of the National Labor Relations Board (NLRB) for Region 1 (covering most of New England) found that a majority of employees of a cannabis cultivation and processing facility were “agricultural laborers” within the meaning of the National Labor Relations Act (NLRA) and therefore not subject to the jurisdiction of the NLRB.  The decision means that the union can attempt to organize the workers pursuant to Massachusetts law…

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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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