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Recent Updates on the Applicability of IRC Section 280E to Cannabis Companies

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

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

Trump Tabs Controversial Florida Congressman as Attorney General Nominee

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

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...more

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....more

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. The bulletin, which...more

It’s Official: Biden Administration Publishes Proposed Rule to Reschedule Cannabis

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

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...more

CCC Proposes Regulatory Amendments to Clarify New Host Community Agreement Requirements and Limitations on Community Impact Fees

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

Minnesota’s Adult-Use Cannabis Bill Summary

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

New York – Revised Regulations Overview

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

With Adult Use in Delaware and Medical Cannabis Legalization in Kentucky, the Next Licensing Sweepstakes Begin

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

Florida OMMU Sets Due Date for Applications for 22 More Medical Marijuana Treatment Center Licenses

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

Governor Baker's "Essential Services" Order Excluding Adult Use Faces Justified Backlash

Last week, Governor Baker issued a COVID-19 Essential Services Order establishing which businesses in the Commonwealth may remain open as “essential” while most of our commerce, unfortunately but necessarily, shuts down in...more

The New Normal: Another Round of Competitive State License Applications Released

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...more

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