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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…
Navigating IRC Section 280E: Current Updates for Cannabis Taxpayers
Blog September 18, 2025
Navigating IRC Section 280E: Current Updates for Cannabis Taxpayers
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…
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…
Federal District Court Grants Partial Victory to Hemp Operators Challenging the NJHAA
Blog October 25, 2024
Federal District Court Grants Partial Victory to Hemp Operators Challenging the NJHAA
In a decision that reads as one of the strongest endorsements of state-based intoxicating hemp regulatory controls in recent memory, the U.S. District Court for the District of New Jersey recently upheld, in part, and struck down, in part, New Jersey’s recently enacted New Jersey Hemp Act Amendments…
Cajun Cannabinoid Amendments Not Spared from Spate of Legal Challenges
Blog October 24, 2024
Cajun Cannabinoid Amendments Not Spared from Spate of Legal Challenges
With certain hemp operators and trade groups enjoying varying degrees of success challenging new state laws and regulations governing intoxicating hemp products, copycat lawsuits are being filed around the country, including, most recently, in Louisiana…
Update: New California Emergency Hemp Regulations Draw the Ire of National Hemp Trade Group and Notorious Stoners Alike
Blog October 18, 2024
Update: New California Emergency Hemp Regulations Draw the Ire of National Hemp Trade Group and Notorious Stoners Alike
As an update to our previous blog post on the legal challenge filed by the U.S. Hemp Roundtable and other hemp operators to California’s new emergency hemp regulations, on October 11, 2024, the Superior Court of California for the County of Los Angeles issued an order denying the plaintiffs’ application for a temporary restraining order following a lengthy hearing on October 10, 2024…
New California Emergency Hemp Regulations Draw the Ire of National Hemp Trade Group and Notorious Stoners Alike
Blog October 09, 2024
New California Emergency Hemp Regulations Draw the Ire of National Hemp Trade Group and Notorious Stoners Alike
Given the high stakes and the significant market at risk, it is no surprise that hemp advocates and operators have aggressively challenged state actions to reign in the production and sales of intoxicating hemp products…
Last Call for Delaware Applications: Some tips for Applicants
Blog September 11, 2024
Last Call for Delaware Applications: Some tips for Applicants
License hunters may have whiplash with state application processes in Kentucky, Minnesota, and Ohio (10(b) licenses) barely in the rearview mirror, but Delaware’s new license application deadline is fast approaching…
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…
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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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