Author Info for Foley Hoag LLP - Cannabis and the Law

Jesse Harlan Alderman

Kentucky Cannabis Marketplace Begins to Bloom

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

Business Ownership, Cannabis-Related Businesses (CRBs), Compliance, Investment, Investors

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Haider David Andazola

The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline

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

Administrative Procedure Act, Biden Administration, Cannabis Products, Controlled Substances, Controlled Substances Act

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Allison Anderson

Union Organizes First Cannabis Shop in Massachusetts

In November 2019, United Food and Commercial Workers International Union (UFCW) became the first union to organize employees at a Massachusetts cannabis company. According to the Boston Globe, two-thirds of Sira Naturals, Inc.’s…more

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Neil Austin

Cannabis Health Claims Face Increased Scrutiny As More States Roll Out Recreational Dispensaries

As the number of adult-use states continues to grow—with New York, New Jersey, Connecticut, Rhode Island, and Vermont recently joining the ranks—the scrutiny of cannabis-related advertising has grown with it..…more

Advertising, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries, Food and Drug Administration (FDA)

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Stephen Bartlett

Push and Pull: Arizona AG Foreshadows Heightened Enforcement of Unlicensed Hemp Product Sales While

The radiant Arizona sun may soon be setting for unlicensed consumable hemp product retailers who have benefitted from sporadic and inconsistent enforcement. Indeed, a recent letter from Arizona Attorney General Kris Mayes…more

Arizona, Cannabis Products, Enforcement Actions, Hemp, Marijuana

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Alison Bauer

Court Allows Cannabis-Related Company to Liquidate Stock in Bankruptcy

While most bankruptcy cases have denied access to federal bankruptcy courts for cannabis and cannabis-related businesses, a Nevada bankruptcy court allowed a chapter 11 case to continue where the Debtor sought to liquidate, for…more

Bankruptcy Code, Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 11, Creditors

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Samuel Bauer

Cannabis Rescheduling Will Not Open Bankruptcy Doors

As previously discussed by Foley Hoag’s attorneys in its Cannabis practice, a rescheduling of cannabis from a Schedule I Controlled Substance to a Schedule III Controlled Substance will provide cannabis businesses with the…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act, DEA

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Scott Bloomberg

Memorial Day Re-Opening for Adult-Use Retail in Massachusetts

Massachusetts Governor Charlie Baker announced today that Massachusetts adult-use cannabis retail stores will be allowed to re-open for curbside pickup beginning on Memorial Day. The announcement was a part of the Governor’s…more

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Kelly Caiazzo

Massachusetts Cannabis Control Commission Plans to Revise Regulations by the End of the Summer

During a Cannabis Control Commission (“Commission”) regulatory policy discussion on June 19th, Chairman Steven Hoffman confirmed the Commission’s plans to publish draft revised regulations within the next few weeks and to vote…more

Amended Regulation, Cannabis Products, Consumers, European Economic Area (EEA), Public Health

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Daniel Carlston

U.S. Virgin Islands Opens Adult-Use Cannabis License Application Process

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 application…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Deadlines, Dispensaries

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Kevin Chen

New York Proposes Adult-Use Rules

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, proposed…more

Agribusiness, Applications, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries

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Daniel Clevenger

2021 Marked by SEC Focus on Climate-related Disclosures

With the third quarter coming to a close and year-end reporting just around the corner, public companies should be giving careful thought to the evolving landscape for climate-related disclosures. While it did not promulgate any…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Proposed Regulation, Proposed Rules

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Frédéric Cohen

France to Test Medical Cannabis for Two Years

Cannabis consumption is a complex issue and is first and foremost a health matter. While it is forbidden in France for recreational or medical use, on October 25, 2019 the French Parliament (National Assembly) gave its consent…more

Cannabis Products, France, Marijuana, Marijuana Related Businesses, Medical Marijuana

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Regina DeSantis

The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline

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

Administrative Procedure Act, Biden Administration, Cannabis Products, Controlled Substances, Controlled Substances Act

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Jeffrey Ganguly

Securing Site Control in Cannabis Licensing

In most jurisdictions, applicants need to evidence some form of site control of the location for which they are seeking to secure a license to operate a cannabis facility. While some jurisdictions allow provisional applications…more

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Bryant Godfrey

The Cannabis Rescheduling Recommendation: What it Means and What’s Next

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

Cannabidiol (CBD) oil, Cannabis Products, Controlled Substances, Controlled Substances Act, Criminal Penalties

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Eli Greenspan

First Rescheduling, Now SAFE: Cannabis Reform Marches Forward

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 hold…more

Banking Acts, Banking Sector, Cannabis Products, Cannabis-Related Businesses (CRBs), Department of Health and Human Services (HHS)

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Danit Halberstein

The Hazy Landscape of Trademark Protection for Cannabis Products in the U.S.

Navigating the cannabis industry’s legal landscape in the United States is like moving through an ever-evolving maze, especially in the world of intellectual property. As more states legalize cannabis for medical and…more

Cannabis Products, Copyright, DMCA, Federal Bans, Intellectual Property Protection

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Nicholas Hanel

CCC Holds Public Hearing on Proposed Host Community Agreement Requirements

On September 8, 2023, the Cannabis Control Commission (“CCC”) held a hearing to discuss its proposed regulations, which were published in the Massachusetts Register on August 16. The regulations, which we discussed in a previous…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Licenses, Marijuana

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Tyrus Jackson

New York On the Fast Track for Cannabis License Application Submission

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

Agribusiness, Applications, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries

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Jared Kadich

Commission Announces New Steps Forward to Advance Cannabis Research in the Commonwealth

The Cannabis Control Commission announced in an August bulletin that it will begin reviewing all Marijuana Research Facility license applications previously submitted to the Commission. A Research Facility license allows…more

Applications, Cannabis Products, Cannabis-Related Businesses (CRBs), Licenses, Marijuana

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Jonathan Keselenko

Some Cannabis Employees Are Voting Out Their Union

Some cannabis workers in recent months have grown weary of their unions and have voted the unions out – or, in labor terms, “decertified” them. This has happened in two different Cresco Labs facilities. The first occurred at a…more

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Nicola Lemay

Treasury Report Recommends Increased Audits of Cannabis Companies and Highlights Potential Section 280E Relief

On March 30th, the Treasury Inspector General for Tax Administration (“TIGTA”) released a report which concluded, based on its estimates, that the IRS could have collected significant additional tax revenue from cannabis…more

Audits, Cannabis Products, Cannabis-Related Businesses (CRBs), IRC Section 280E, IRS

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Michael McQueeny

Kentucky Cannabis Marketplace Begins to Bloom

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

Business Ownership, Cannabis-Related Businesses (CRBs), Compliance, Investment, Investors

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Jeremy Meisinger

Illinois Medical Cannabis Businesses Must Be HIPAA Compliant

In recently published guidance, Illinois’ main cannabis regulator – the Illinois Department of Financial and Professional Regulation – announced that medical and co-located dispensaries in Illinois must protect patient…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Confidential Information, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Ian Chasse Osborn

Treasury Report Recommends Increased Audits of Cannabis Companies and Highlights Potential Section 280E Relief

On March 30th, the Treasury Inspector General for Tax Administration (“TIGTA”) released a report which concluded, based on its estimates, that the IRS could have collected significant additional tax revenue from cannabis…more

Audits, Cannabis Products, Cannabis-Related Businesses (CRBs), IRC Section 280E, IRS

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Austin Ownbey

The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline

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

Administrative Procedure Act, Biden Administration, Cannabis Products, Controlled Substances, Controlled Substances Act

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Cecilia Oyediran

New York Proposes Adult-Use Rules

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, proposed…more

Agribusiness, Applications, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries

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Tina Papagiannopoulos

The Cannabis Rescheduling Recommendation: What it Means and What’s Next

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

Cannabidiol (CBD) oil, Cannabis Products, Controlled Substances, Controlled Substances Act, Criminal Penalties

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Cloe Pippin

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…more

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Alyssa Pratt

Will Cannabis Businesses Finally Gain Access to the Federal Banking System?

On May 15th the House of Representatives approved the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act (H.R. 6800). This bill included the Secure and Fair Enforcement (SAFE) Banking Act of 2020 which would…more

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Ryan Rourke Reed

The Cannabis Rescheduling Recommendation: What it Means and What’s Next

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

Cannabidiol (CBD) oil, Cannabis Products, Controlled Substances, Controlled Substances Act, Criminal Penalties

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Joshua Rosen

New York Finally Re-Opens Cannabis Application Round for Brand Licensing

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 brands…more

Agribusiness, Brand, Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs)

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Peter Ross

Cannabis and Renewable Energy in New York: Delving into the Weeds of a Budding Industry

New York’s recent legalization of recreational marijuana for adult use has set off a flurry of entrepreneurial activity as businesses seek to establish a foothold in the State’s new and lucrative market. Renewable energy, energy…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Electricity Costs, Energy Sector

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Jeffrey Schultz

ALJ Hearing on Rescheduling Faces Delay Over Witness Standing

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 John…more

Administrative Law Judge (ALJ), Cannabis Products, Controlled Substances, Controlled Substances Act, DEA

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Andrew Smith

Virginia: The Road to Adult Use Cannabis Legalization

The Virginia General Assembly is currently considering adult use cannabis legalization this session. Governor Northam has made it a priority. The legislative black caucus has endorsed it and the legislative sponsors in both…more

Cannabis Products, General Assembly, Governor Northam, Legalization, Legislative Agendas

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Jiun-Wen Bob Teoh

Cannabis Rescheduling Will Not Open Bankruptcy Doors

As previously discussed by Foley Hoag’s attorneys in its Cannabis practice, a rescheduling of cannabis from a Schedule I Controlled Substance to a Schedule III Controlled Substance will provide cannabis businesses with the…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act, DEA

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Foley Hoag LLP - Cannabis and the Law

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