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...more
5/29/2025
/ Business Ownership ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
DEA ,
Enforcement ,
Government Agencies ,
Hemp ,
Licensing Rules ,
Marijuana ,
Medical Marijuana ,
Proposed Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures
Cannabis companies are increasingly taking non-280E positions on their current year federal income tax returns, while many, such as public “MSOs,” have amended prior years’ returns to reflect this position. Foley Hoag’s Tax...more
Medical cannabis in the Commonwealth of Kentucky is now legal as of January 1, 2025, with increasing opportunities for businesses and patients alike.
Investors and market participants should be aware that, although cross...more
1/22/2025
/ Business Ownership ,
Cannabis-Related Businesses (CRBs) ,
Compliance ,
Investment ,
Investors ,
Legalization ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Regulatory Agenda ,
Regulatory Requirements ,
Service Agreements ,
State and Local Government
In perhaps his most controversial cabinet appointment yet, earlier today, President-elect Trump said he would nominate Florida Rep. Matt Gaetz as U.S. Attorney General. Although Gaetz’s nomination was met with skepticism by...more
11/14/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
DEA ,
Department of Justice (DOJ) ,
Donald Trump ,
Enforcement Actions ,
Florida ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Presidential Elections ,
Recreation ,
SAFE ,
U.S. House
On April 17, 2024, the Virgin Islands Cannabis Advisory Board (“VICAB”) approved regulations outlining the requirements for its new adult-use cannabis program, including details regarding the competitive merit-based...more
11/13/2024
/ Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Deadlines ,
Dispensaries ,
License Applications ,
Manufacturers ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New Regulations ,
Regulatory Agenda ,
Regulatory Requirements ,
Research and Development ,
Virgin Islands
The U.S. Drug Enforcement Administration (DEA) is facing a minor delay in a crucial hearing initially scheduled for December 2, 2024, regarding the rescheduling of cannabis under federal law. Chief Administrative Law Judge...more
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....more
9/12/2024
/ Advertising ,
Business Development ,
Business Formation ,
Business Licenses ,
Business Taxes ,
Cannabis-Related Businesses (CRBs) ,
Commercial Litigation ,
License Applications ,
Lottery ,
Marijuana ,
Marijuana Related Businesses ,
Recreational Use ,
Social Equity Programs ,
State and Local Government
On August 27, 2024, the Drug Enforcement Administration (DEA) has scheduled an ALJ hearing to consider briefs, evidence and witnesses from “interested parties” in connection with the DEA’s proposed rulemaking to reschedule...more
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. The bulletin, which...more
5/30/2024
/ Advertising ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Litigation ,
Decriminalization of Marijuana ,
Enforcement ,
License Applications ,
Marijuana ,
Marijuana Related Businesses ,
New Guidance ,
Recreational Use ,
State and Local Government ,
State Legislatures
May 16, 2024, could be the most historic day in the history of state-legal cannabis. The Biden administration has published a Proposed Rule to Reschedule cannabis from Schedule I to Schedule III, which has far-reaching...more
On April 30, 2024, the Associated Press (AP) reported the Drug Enforcement Administration (DEA) will propose a rule to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). More...more
5/14/2024
/ Administrative Procedure Act ,
Biden Administration ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Final Rules ,
Food and Drug Administration (FDA) ,
IRS ,
Judicial Review ,
Marijuana ,
Medical Marijuana ,
Notice and Comment ,
NPRM ,
OMB ,
Popular ,
Regulatory Reform ,
Schedule I Drugs
AP is reporting that the Drug Enforcement Administration will propose a rule to reschedule cannabis to Schedule III under the Controlled Substance Act. The proposed rule is subject to review by the White House Office of...more
Virginia’s HSA 1 Pharmaceutical Processor Permit -
Effective January 1, 2024, the Virginia Cannabis Control Authority (CCA) assumed regulatory oversight of Virginia’s medical cannabis program. The CCA was established in...more
The Ohio Division of Cannabis Control (“DCC”) recently published proposed rules for adult-use cannabis license applications. In November 2023, 57% of Ohio voters approved the legalization of adult-use cannabis production and...more
Fresh on the heels of intense optimism over the Department of Health and Human Services’ recommendation that cannabis be rescheduled, another key federal reform is in motion. On September 27, 2023, the Senate Committee will...more
9/26/2023
/ Banking Acts ,
Banking Sector ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Department of Health and Human Services (HHS) ,
FDIC ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Popular ,
SAFE ,
Senate Banking Committee
Will the United States Attorney General, via the U.S. Drug Enforcement Administration (“DEA”) follow the recent recommendation of the U.S. Department of Health and Human Services (“HHS”) to reschedule cannabis to Schedule...more
In light of the August 30, 2023 historic recommendation from the U.S. Department of Health and Human Services (HHS) to reschedule cannabis to Schedule III, a multidisciplinary group of attorneys from Foley Hoag’s nationwide...more
9/1/2023
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
Criminal Penalties ,
DEA ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Schedule I Drugs
Bloomberg News is reporting that the Department of Health and Human Services has recommended to the U.S. Drug Enforcement Administration, to whom power is delegated under the Controlled Substances Act by the Attorney General,...more
The Cannabis Control Commission (“CCC”) has proposed multiple amendments to its existing regulations, including a proposed amendment adding a new section to its regulations entitled “Host Community Agreement Requirements for...more
7/14/2023
/ Amended Regulation ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Fees ,
Filing Requirements ,
License Applications ,
License Renewals ,
Licensees ,
Marijuana ,
Marijuana Related Businesses ,
Municipalities ,
Proposed Regulation ,
Regulatory Reform
Minnesota’s Governor has indicated he will sign an adult use cannabis legalization bill. HF 100 (the “Final Bill”) emerged from reconciliation and was passed on May 19th The Final Bill combines Minnesota’s existing medical...more
5/30/2023
/ Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Dispensaries ,
Farm Bill ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government
New York’s Office of Cannabis Management (“OCM”) has posted, and the Cannabis Control Board (the “CCB” or “Board”) voted to approve the filing of, certain revised adult-use regulations (the “Revised Regulations”). While these...more
On April 28, 2023, Texas and Florida both accepted the expected dozens of applications for a limited number of medical cannabis licenses in those respective states. In the background, Kentucky recently legalized medical...more
5/1/2023
/ Business Licenses ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Delaware ,
Florida ,
Governor Carney ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Proposed Regulation ,
State and Local Government ,
Texas
Big news out of the Sunshine State today. The Florida Office of Medical Marijuana Use has set the due date for applications for 22 more Medical Marijuana Treatment Center licenses. By Emergency Rule published today, the OMMU...more
Following a two-part meeting last week, the Massachusetts Gaming Commission released several important documents related to the upcoming licensing of Category 1, Category 2, and Category 3 sports wagering licensees....more
On October 6, 2022, President Biden proclaimed long-delayed and earnestly welcome news: any person charged or convicted under federal law for simple possession of cannabis is pardoned and his administration must...more
10/7/2022
/ Biden Administration ,
Cannabis Products ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Marijuana ,
Presidential Pardons ,
Presidential Proclamations ,
Regulatory Reform ,
Schedule I Drugs ,
Wrongful Conviction