New Jersey has finally released its adult-use regulations outlining the manner in which licenses will be solicited, applications scored, and ultimately awarded. With a statutory deadline for the Cannabis Regulatory Commission to begin accepting applications within the next three weeks, preparation is sure to be a sprint. Foley Hoag’s application writing team has written and prepared several winning applications in multiple states, including New Jersey and recently Georgia.

Download presentation materials here.… More

Exactly five months after the passage of the Marijuana Regulation and Taxation Act (MRTA), on Tuesday, August 31st, New York Governor Kathy Hochul announced that she is convening an Extraordinary Session of the Legislature to announce her nominees to head the Office of Cannabis Management and the Cannabis Control Board (CCB), which governs the Office of Cannabis Management (OCM).

The OCM is the agency that will regulate cannabis and will issue licenses and develop regulations outlining how and when businesses can participate in the new industry.… More

The hemp cannabinoid marketplace has spent the last few years evolving at a fevered pace. However, for the first time in several years, we’re beginning to see a more mature marketplace, market participants, and most importantly, consumers. The market is now engaging in a renewed focus on scaling towards stricter best practices and regulatory frameworks. Please join us as we discuss not only where the marketplace is, but more so,… More

The New Jersey Cannabis Regulatory Commission (“CRC”) – ahead of schedule – just released its adult-use regulations, thereby taking the first step towards opening up its adult-use marketplace. While there is a tremendous amount of information to digest in the 160 pages of regulations, and the myriad implications and questions flowing from it, our cannabis team wanted to provide a brief overview of the relevant implications.

In short,… More

More than two years have passed since hemp-derived cannabidiol (CBD) was legalized in the United States under the Agriculture Improvement Act of 2018 (also known as the “Farm Bill”).

The Food and Drug Administration (FDA) has been exploring  potential regulatory pathways for CBD but it has yet to engage in rulemaking or issue guidance that would provide a clear framework under which FDA could maintain oversight over CBD to ensure that its use in a range of products is safe.… More

Marketed as a legal way to get stoned, Delta-8 products have been hitting the shelves of gas stations and smoke shops nationwide. But how can a product that purportedly gets users high escape federal and state regulation?

What is Delta-8?

Delta-8 is one of the hundreds of cannabinoids that are naturally found in hemp and cannabis plants. It is an isomer of Delta-9,… More

On Wednesday, July 14, Senate majority leader Chuck Schumer (NY), Senator Cory Booker (NJ), and Senator Ron Wyden (OR) introduced a draft bill to decriminalize marijuana at the federal level. The draft discussion of the legislation, named the Cannabis Administration & Opportunity Act (the “Bill”), opens by recognizing the disparate impact of the War on Drugs on people of color and states that goal of the Bill is to “end the decades of harm inflicted on communities of color by removing cannabis from the federal list of controlled substances and empowering states to implement their own cannabis laws.”

Beyond removing cannabis from the controlled substances list and recognizing state law regarding cannabis,… More

Nearly two weeks after the State Senate first voted on Connecticut’s adult-use cannabis bill, Governor Ned Lamont signed it into law. Starting July 1st, Connecticut will become the 19th state to legalize recreational marijuana for adults 21 and older.

The adult-use bill had a bit of a bumpy ride this June, failing to be voted upon by the State House during the regular legislative session.… More

As of today – June 15, 2021 – the Commonwealth’s State of Emergency related to the COVID-19 pandemic has ended.  Although the Cannabis Control Commission (“Commission”) has issued bulletins and administrative orders that temporarily extend telehealth, virtual community outreach meeting and curbside operations protocols until September 1, 2021, the balance of the Commission’s COVID-19 related protocols have expired.  This may have important implications for Marijuana Establishment Licensees.… More

As of Friday, May 28, the Cannabis Control Commission (“CCC”) has announced that Certified Economic Empowerment Applicants and Social Equity Program Participants (“EE/SE Participants”) are able to apply for pre-certification and licensure for the new Marijuana Delivery Operator license. This is the second stand-alone delivery license that EE/SE Participants are eligible to apply for, after the Marijuana Courier (formerly Delivery Only) license became available in May 2020.… More