Cannabis & the Law

We have developed this blog specifically to track the creation of the regulatory framework for the cannabis industry in Massachusetts and provide insight on legal issues of concern to potential operators.

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By: Foley Hoag LLP

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Jesse Alderman
Allison Anderson
Neil Austin
Scott Bloomberg
Frederic Cohen
David Geiger
Alexander Gray
Foley Hoag
Michael Licker
Jeremy Meisinger
Snehal Trivedi

Latest from Cannabis & the Law

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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 to conduct an experimentation on medical use of cannabis starting in early 2020. The French National Agency for Safety of the Medicinal products (ANSM) had already approved the initiative in July 2019, in addition to 17 others EU…
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West Virginia is currently accepting applications for its growing medical cannabis program.  West Virginia’s Department of Health and Human Resources has made available applications for dispensaries, growers, and processors on its website and will be accepting applications through February 18, 2020. West Virginia’s medical cannabis legislation came into effect on April 19, 2017, and has been developed by Department regulations since that time that cover most significant aspects of medical cannabis operation.  West Virginia intends…
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On January 7, 2019, the Illinois Department of Agriculture posted applications for Cannabis Craft Growers, Cannabis Infusers, and Cannabis Transporters.  Applications in all three categories are due March 16, 2020. Illinois is currently in the midst of one of the most ambitious and widely-watched rollouts of adult use marijuana in the country.  The Illinois Department of Financial and Professional Regulation on January 2, 2020 closed the application period for adult use dispensaries, and is reported…
The legal cannabis market is forecasted to reach nearly $30 billion by 2025, and investors are looking to get in on what many are calling the “green rush.” Attorneys from Foley Hoag’s private funds and cannabis practices present a webinar discussing the legal framework, regulation and practical fund structuring considerations for private fund managers looking to engage in these types of investments. They walk you through the current market and share lessons learned from their…
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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 employees, who work at its cultivation and manufacturing facility and its dispensaries, voted to join UFCW.  Sira issued its own announcement indicating that in advance of the vote it entered a labor peace agreement with UFCW allowing union representatives to come…
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Partner Kevin Conroy joined Vermont Attorney General T.J. Donovan for a conversation about the recreational industry in New England. Vermont legalized cannabis in 2018, and the discussion focused on challenges and lessons state legislators can learn from its neighbors like Maine and Massachusetts, which both legalized adult use cannabis in 2016. Other speakers included Erik Gunderson, director of Maine’s Office of Marijuana Policy; Charlotte Hanna, founder of Community Growth Partners in Massachusetts; Laura Subin of…
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On November 4, Maine’s Office of Marijuana Policy (“OMP”) finalized its Adult-Use Marijuana Program regulations and announced that it would begin accepting applications for adult-use licenses on December 5. The regulations establish six types of cultivation licenses ranging from 500 to 20,000 square feet of canopy; a product-manufacturing license, and a marijuana store (i.e., retail) license. The OMP has not capped the number of licenses it will issue for cultivators, manufacturers, and retailers, and has…
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The U.S. Department of Agriculture (“USDA”) released draft regulations for hemp production on Tuesday, giving farmers, states, and other industry stakeholders some much needed clarity on how the hemp provisions of the 2018 federal farm bill will be interpreted and enforced. Once the interim rule is finalized, the USDA will begin to accept and review states’ and tribes’ hemp regulation plans. The plans must at a minimum provide for tracking of land where hemp is…
The ink is barely dry on the New Jersey ATC and Missouri medical marijuana facility applications that so many of us assembled this August. Yet now, a new round of states have issued applications for competitive cannabis licenses. Below we discuss the qualifications, requirements, deadlines and other relevant information for the Illinois (adult use), Michigan (adult use) and Texas (medical; <.5% THC) applications. Foley Hoag has significant experience preparing winning applications in markets with competitive…
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On Tuesday, September 24, 2019, Massachusetts Governor Charlie Baker declared a public health emergency.  The declaration can be found here.  Citing the growing number of cases of unexplained pulmonary illnesses in the United States and the Commonwealth of Massachusetts, Baker exercised his power under M.G.L. c. 17, § 2A to declare such an emergency.  The statute provides that when the governor declares a public health emergency, the Public Health Commissioner may “take such action…