Summary -
With Congress slamming the door shut on intoxicating hemp products – albeit 365 days from now – there is tremendous uncertainty. While tomorrow may look no different, the exploding hemp beverage and other...more
As most new retailers recognize, getting through the host of municipal approvals is of paramount importance to operationalizing your cannabis businesses; or even in finding a suitable location to site your business in the...more
In another decision upholding the validity of state-enacted restrictions over the sale of intoxicating hemp-derived products, a Maryland Appellate Court in Governor Wes Moore, et al. v. Maryland Hemp Coalition, et al....more
9/12/2025
/ Appellate Courts ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Constitutional Challenges ,
Farm Bill ,
Hemp Cultivation ,
Licensing Rules ,
Marijuana Related Businesses ,
Maryland ,
Preemption ,
Preliminary Injunctions ,
Social Equity Programs ,
State Legislatures
On July 28, 2025, the New York State Office of Cannabis Management (OCM) revealed that they have taken inconsistent and positions with respect to measuring distances between dispensaries and sensitive locations in close...more
7/30/2025
/ Administrative Agencies ,
Cannabis Products ,
Dispensaries ,
Legislative Agendas ,
Licensing Rules ,
Marijuana ,
New Regulations ,
New York ,
Regulatory Authority ,
Regulatory Requirements ,
State and Local Government
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. However, what is most notable...more
7/17/2025
/ Cannabis Products ,
Compliance ,
Dispensaries ,
Enforcement Actions ,
Government Agencies ,
Investigations ,
Marijuana ,
New York ,
Penalties ,
Regulatory Requirements ,
Settlement ,
State and Local Government
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
While the pace of adult-use applications in New Jersey has steadied from its initial peak between 2021-2023, a new wave of applications has just opened for consumption lounges in the Garden State.
Who May Apply? Any...more
1/6/2025
/ Applications ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Fees ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
New Jersey ,
Regulatory Agenda ,
Regulatory Requirements ,
Retailers ,
Social Equity Programs ,
State and Local Government ,
State Legislatures
New York is unique among state-regulated cannabis markets for a host of different nuances and complexities, but among them is the Type 3 – Processor Branding License, which provides, among other things, that third-party...more
11/6/2024
/ Agribusiness ,
Brand ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
License Applications ,
Marijuana Related Businesses ,
Medical Marijuana ,
Municipalities ,
New York ,
Regulatory Agenda ,
Regulatory Requirements
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 (“Court”) recently upheld, in part,...more
The Governor of New Jersey signed into law Senate Bill No. 3235 (the “Intoxicating Hemp Law”), designed to regulate the production and sale of certain intoxicating hemp products. At a high level, this law would limit the...more
9/13/2024
/ Alcohol Beverage Control ,
Business Licenses ,
Cannabis-Related Businesses (CRBs) ,
Farm Bill ,
Governor Murphy ,
Hemp ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana Related Businesses ,
New Jersey ,
Regulatory Agenda ,
Regulatory Oversight ,
Rulemaking Process ,
State and Local Government ,
State Legislatures
The United States Court of Appeals for the Fourth Circuit ruled that the Drug Enforcement Agency’s (“DEA”) classification of certain hemp-derived cannabinoids as unlawful was not entitled to deference, given that the language...more
The New York Office of Cannabis Management (“OCM”) has promulgated interim guidance identifying how it will address changes of ownership and other license amendments.
While many have criticized the OCM for delays in...more
8/29/2024
/ Applications ,
Business Ownership ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Investment ,
Investors ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
New Guidance ,
New York ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government
New York’s Cannabis Control Board (“CCB”) proposed amendments to cannabis advertising and marketing rules and regulations. If approved, these new rules and regulations could expand the way cannabis dispensaries use...more
While licensing agreements between brands and license holders are typical in mature cannabis jurisdictions, what is uncommon is the requirement that said brands become licensed solely for the purposes of entering into...more
12/8/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Filing Deadlines ,
Intellectual Property Protection ,
IP License ,
Labeling ,
License Agreements ,
Marijuana ,
Marijuana Related Businesses ,
New York ,
Trademarks
As will be discussed in greater detail by the Foley Hoag’s cannabis practice team on its webinar scheduled for September 13, 2023, the New York Cannabis Control Board (“CCB”) and Office of Cannabis Management (“OCM”) took...more
9/13/2023
/ Agribusiness ,
Applications ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New York ,
Regulatory Agenda ,
State and Local Government
Both Houses of the New Jersey Legislature just passed a law that would allow anyone – including operators already holding other licenses in the State of New Jersey – to obtain ownership in up to seven (7) diversely-owned...more
6/23/2023
/ Business Formation ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Licensing Rules ,
Manufacturers ,
Marijuana Cultivation ,
New Jersey ,
New Legislation ,
Proposed Legislation ,
Regulatory Requirements ,
Retailers ,
State Legislatures
Last week the Maryland Cannabis Administration (MSA) released its draft emergency regulations for the state’s adult-use marijuana market which is set to come online on July 1. The draft regulations are subject to review by...more
5/31/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Maryland ,
Medical Marijuana ,
New Legislation ,
Proposed Legislation ,
Regulatory Authority ,
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
New York’s Office of Cannabis Management (“OCM”) posted today updates to its proposed adult-use regulations (the “Revised Regulations”), in advance of a vote of the Cannabis Control Board (the “Board”) to release them for...more
5/11/2023
/ Applications ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Comment Period ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New York ,
Proposed Regulation ,
State and Local Government
The only guarantees in life are death, taxes, and cannabis lawsuits, and New York is no different. In a cannabis marketplace plagued by fits and starts, the New York Cannabis Control Board (“CCB”) Office of Cannabis...more
The U.S. Drug Enforcement Agency (“DEA”) identified this week that it considers certain types of novel cannabinoids to be federally illegal schedule I substances, even if they were derived from hemp....more
2022 has been a rollercoaster of a year for the cannabis industry. On the upside, several states have passed legislation to either permit adult use or permit a medical marijuana program. Federally, simple possession cannabis...more
The New Jersey Cannabis Regulatory Commission (“CRC”) has been busy in 2022 reviewing thousands of applications submitted for Class 1 Cultivators, Class 2 Manufacturers, and Class 5 Retailers, and has added an additional use...more
1/19/2023
/ Applications ,
Business Plans ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Comment Period ,
Food Products . ,
Legislative Agendas ,
Manufacturers ,
Marijuana ,
Marijuana Related Businesses ,
New Jersey ,
Proposed Regulation ,
Recreational Use ,
Retailers ,
State and Local Government
The New York Cannabis Control Board (“CCB”) held a momentous meeting on November 21, 2022 wherein it continued to issue more conditional cultivation, processing, and dispensing licenses, but, perhaps more importantly,...more
11/29/2022
/ Agribusiness ,
Applications ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New York ,
Regulatory Agenda ,
State and Local Government
New York continue to take steps towards its goal of commencing adult-use sales within the next several weeks (if not months). Today, the Office of Cannabis Management (“OCM”) issued guidance for the conduct and operation of...more