Jesse Alderman
United States
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Articles by Jesse Alderman
UPDATE: DEA Publishes Registration Applications for Medical Marijuana Manufacturers, Distributors, and Analytical Labs
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
UPDATE: DEA Publishes Registration Applications for Medical Marijuana Manufacturers, Distributors, and Analytical Labs
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
UPDATE: DEA Publishes Registration Applications for Medical Marijuana Manufacturers, Distributors, and Analytical Labs
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
UPDATE: DEA Publishes Registration Applications for Medical Marijuana Manufacturers, Distributors, and Analytical Labs
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
IRC Section 280E And Cannabis Tax Planning: Recent Developments And Practical Considerations
Since the April 2026 filing season, the landscape surrounding Section 280E of the Internal Revenue Code has continued to evolve in significant ways. President Trump’s Executive Order directing the rescheduling of medical marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”), the advancing litigation in New Mexico Top Organics Inc., d/b/a Ultra Health v.
Medical Marijuana in Health Facilities: Colorado's New Law and What It Means for Your Organization
Foley Hoag LLP are most popular: within Tax, Media, Telecoms, IT and Entertainment topic(s) On August 12, 2026, Senate Bill 26-007 (Colorado’s non-mandatory version of California’s “Ryan’s Law”) will take effect. This new law permits (but does not require) a health facility to allow certain patients who are terminally ill to use medical marijuana within the health facility, subject to certain parameters.
Medical Marijuana in Health Facilities: Colorado's New Law and What It Means for Your Organization
On August 12, 2026, Senate Bill 26-007 (Colorado’s non-mandatory version of California’s “Ryan’s Law”) will take effect. This new law permits (but does not require) a health facility to allow certain patients who are terminally ill to use medical marijuana within the health facility, subject to certain parameters. We highlight key takeaways and provide recommendations for health facilities that are considering whether to participate in the new law.
Medical Marijuana in Health Facilities: Colorado's New Law and What It Means for Your Organization
On August 12, 2026, Senate Bill 26-007 (Colorado's non-mandatory version of California's "Ryan's Law") will take effect. This new law permits (but does not require) a health facility to allow certain patients who are terminally ill to use medical...
Medical Marijuana in Health Facilities: Colorado's New Law and What It Means for Your Organization
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
Medical Marijuana in Health Facilities: Colorado's New Law and What It Means for Your Organization
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
Medical Marijuana in Health Facilities: Colorado's New Law and What It Means for Your Organization
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
DEA Inspections And Information Requests: What You Need To Know
Foley Hoag LLP are most popular: within Tax topic(s) While the medical marijuana rescheduling order made clear that the Drug Enforcement Agency (“DEA”) would prioritize the review of medical marijuana applications submitted during the first sixty (60) days of the application window, we are watching now the details and process of that review come into picture.
DEA Inspections and Information Requests: What You Need to Know
While the medical marijuana rescheduling order made clear that the Drug Enforcement Agency (“DEA”) would prioritize the review of medical marijuana applications submitted during the first sixty (60) days of the application window, we are watching now the details and process of that review come into picture. DEA field offices have kicked off inspections, not just in medical-only states, but also now in states with both medical and adult-use licensed businesses.
Weeding Through The Details Of Cannabis Rescheduling (Podcast)
FH Foley Hoag LLP More Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
DEA Application Portal For Expedited Registration Of Medical Marijuana Dispensaries Is Now Open
As previewed in our recent blog posts (here and here), the DEA application portal for expedited registration of medical marijuana dispensaries is now open and businesses are currently able to submit applications.
DEA Application Portal for Expedited Registration of Medical Marijuana Dispensaries is Now Open
As previewed in our recent blog posts (here and here), the DEA application portal for expedited registration of medical marijuana dispensaries is now open and businesses are currently able to submit applications.
DEA Application Portal for Expedited Registration of Medical Marijuana Dispensaries is Now Open
As previewed in our recent blog posts (here and here), the DEA application portal for expedited registration of medical marijuana dispensaries is now open and businesses are currently able to submit applications. The quick activation of the portal is...
Cannabis Rescheduling: DOJ, Treasury, and DEA Updates Since the April 23 Order
On April 23, 2026, as we discussed in our prior client alert, the Department of Justice issued a Final Order immediately placing cannabis “subject to a state medical marijuana license” in Schedule III of the Controlled Substances Act. The Order also directed the DEA to restart formal administrative rulemaking proceedings to consider the broader rescheduling of all cannabis from Schedule I to Schedule III. As we noted, the immediate practical implications were significant.
DOJ Immediately Reschedules State-Licensed Medical Cannabis to Schedule III — and Restarts the Clock
After years of false starts, the federal government has finally moved on cannabis rescheduling — at least partially. On April 23, 2026, the Department of Justice issued an Order immediately placing cannabis “subject to a state medical marijuana license” in Schedule III of the Controlled Substances Act (CSA). Simultaneously, the DEA announced an expedited administrative hearing — set to begin June 29, 2026 — to address the broader rescheduling of all cannabis from Schedule I to Schedule III.
Cannabis Rescheduling: DOJ, Treasury, And DEA Updates Since The April 23 Order
Jesse Harlan Alderman’s articles from Foley Hoag LLP are most popular: with readers working within the Construction & Engineering industries Foley Hoag LLP are most popular: within Immigration topic(s) On April 23, 2026, as we discussed in our prior client alert, the Department of Justice issued a Final Order immediately placing cannabis “subject to a state medical marijuana license” in Schedule III of the Controlled Substances Act.
DOJ Immediately Reschedules State-Licensed Medical Cannabis to Schedule III — and Restarts the Clock on Broader Rescheduling
After years of false starts, the federal government has finally moved on cannabis rescheduling — at least partially. On April 23, 2026, the Department of Justice issued an Order immediately placing cannabis “subject to a state medical marijuana license” in Schedule III of the Controlled Substances Act (CSA). Simultaneously, the DEA announced an expedited administrative hearing — set to begin June 29, 2026 — to address the broader rescheduling of all cannabis from Schedule I to Schedule III.
DOJ Immediately Reschedules State-Licensed Medical Cannabis To Schedule III — And Restarts The Clock On Broader Rescheduling
Jesse Harlan Alderman’s articles from Foley Hoag LLP are most popular: with readers working within the Construction & Engineering industries Foley Hoag LLP are most popular: within Immigration topic(s) After years of false starts, the federal government has finally moved on cannabis rescheduling — at least partially.
Massachusetts House and Senate Conferees Agree on Compromise Bill to Implement Significant Changes to Commonwealth’s Cannabis Industry
Earlier today, Massachusetts legislators agreed on a compromise bill to reform the Cannabis Control Commission (“Commission”) and implement certain meaningful reforms to help businesses still standing after a few years of strong market downturns. The compromise bill is the product of a conference committee process for competing versions of the cannabis reform bill that were passed by the House (H.4206) and Senate (S. 2749) at the end of last year.
Massachusetts House And Senate Conferees Agree On Compromise Bill To Implement Significant Changes To Commonwealth's Cannabis Industry
Foley Hoag LLP are most popular: within Immigration and Antitrust/Competition Law topic(s) Earlier today, Massachusetts legislators agreed on a compromise bill to reform the Cannabis Control Commission ("Commission") and implement certain meaningful reforms to help businesses still standing after a few years of strong market downturns.
Massachusetts House and Senate Conferees Agree on Compromise Bill to Implement Significant Changes to Commonwealth's Cannabis Industry
• New Commission. Replacing the Commission with a new three-commissioner panel [entirely appointed by the Governor]. The new Commission will be run by a full-time chair and an executive director. To increase the accountability and responsiveness of Commission staff (a major complaint from industry), the Executive Director will report directly to the Chair. Current commissioners and the current executive director may be out of a job, but would at minimum have to reapply for their jobs.
Navigating IRC Section 280E — Critical Updates for Cannabis Taxpayers as the 2025 Filing Deadline Approaches
With the April filing deadline for 2025 tax returns fast approaching, cannabis companies must once again confront the burden of Section 280E of the Internal Revenue Code (“Section 280E”).
Navigating IRC Section 280E - Critical Updates for Cannabis Taxpayers as the 2025 Filing Deadline Approaches
With the April filing deadline for 2025 tax returns fast approaching, cannabis companies must once again confront the burden of Section 280E of the Internal Revenue Code ("Section 280E"). Despite significant developments over the past year —...
Navigating IRC Section 280E — Critical Updates For Cannabis Taxpayers As The 2025 Filing Deadline Approaches
Jesse Harlan Alderman’s articles from Foley Hoag LLP are most popular: with readers working within the Retail & Leisure industries Foley Hoag LLP are most popular: within Immigration and Antitrust/Competition Law topic(s) With the April filing deadline for 2025 tax returns fast approaching, cannabis companies must once again confront the burden of Section 280E of the Internal Revenue Code (“Section 280E”).
Business Considerations Amid Hemp Product Policy Change | JD Supra
January 14, 2026 Jesse Harlan Alderman, Stephen Bartlett, Michael McQueeny Foley Hoag LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: In passing the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Act, Congress closed the hemp loophole effective Nov. 12, 2026, sending shock waves through the estimated $30 billion national consumable hemp product market.
Business Considerations Amid Hemp Product Policy Change
By Jesse Alderman, Michael McQueeny and Stephen Bartlett ( January 12, 2026, 5:02 PM EST) -- In passing the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Act,[1] Congress closed the hemp loophole effective Nov. 12, 2026, sending shock waves through the estimated $30 billion national consumable hemp product market.... Law360 is on it, so you are, too.
UPDATE: Trump Signs Executive Order To Reschedule Cannabis And Expand Federal Policy
FH Foley Hoag LLP More Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
UPDATE: Trump Signs Executive Order to Reschedule Cannabis and Expand Federal Policy | JD Supra
UPDATE: Yesterday, President Trump signed a long-anticipated executive order (EO) directing the Attorney General to “take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III of the CSA in the most expeditious manner in accordance with Federal law, including 21 U.S.C. 811.” The announcement was made during an Oval Office meeting with Health and Human Services Secretary Kennedy, senior administration officials, doctors and veterans who...
Media Reports President Trump To Issue Impending Executive Order On Cannabis Rescheduling: Legal Process, Limitations, And Next Steps
FH Foley Hoag LLP More Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
Media Reports President Trump to Issue Impending Executive Order on Cannabis Rescheduling: Legal Process, Limitations, and Next Steps | JD Supra
According to numerous media reports, President Donald Trump is strongly considering issuing an executive order directing federal agencies to resume the process rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA), a topic we have covered extensively here (the DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline); here (ALJ’s Hearing on Rescheduling Faces Delay Over Witness Standing); here (Between a Rock and a Hard Place:...
Congress Attempts To Close The Hemp Loophole: What Legal And Strategic Considerations Are Next?
FH Foley Hoag LLP More Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
Congress Attempts to Close the Hemp Loophole: What Legal and Strategic Considerations are Next? | JD Supra
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 intoxicating hemp markets may effectively be out of business in a year’s time. Below are some of the questions that stakeholders may be asking.
Navigating IRC Section 280E: Current Updates For Cannabis Taxpayers
With October's deadline for taxpayers on tax return filing extension for tax year 2024 quickly approaching, this alert provides updates to our post in May on the exploding trend of cannabis tax filers taking the uncertain tax position that Internal Revenue Code Section 280E is inapplicable. Update Litigation Update A closely watched case in Tax Court from New Mexico, New Mexico Top Organics, Inc. v.
Navigating IRC Section 280E: Current Updates for Cannabis Taxpayers | JD Supra
With October’s deadline for taxpayers on tax return filing extension for tax year 2024 quickly approaching, this alert provides updates to our post in May on the exploding trend of cannabis tax filers taking the uncertain tax position that Internal Revenue Code Section 280E is inapplicable. Update Litigation Update A closely watched case in Tax Court from New Mexico, New Mexico Top Organics, Inc. v.
Lone Star State Takes Texas-Sized Leap Forward On Medical Cannabis
While the world is watching Texas' special legislative session for its high drama on redistricting and hemp, on Friday, the Texas Department of Public Safety ("DPS") released information on the required Supplemental Application Narrative and Forms that must be completed to remain eligible to receive a Dispensing Organization license for all 139 applicants that applied for licenses in 2023 and prior. Supplemental Application materials are due before September 15.
Proposed Bill From Joint Cannabis Committee Would Adopt Meaningful Reforms To Struggling Mass. Cannabis Industry
FH Foley Hoag LLP More Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
Proposed Bill from Joint Cannabis Committee Would Adopt Meaningful Reforms to Struggling Mass. Cannabis Industry | JD Supra
Nearly nine years after voters authorized the regulated sale of adult use cannabis in Massachusetts, the Joint Cannabis Committee is addressing the challenges (and that’s an understatement) the industry is facing with a very meaningful reform bill.
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 Practice Chair, Kip Cawley, and Cannabis Practice Co-Chair, Jesse Alderman, recently discussed trends in the application of Section 280E and the status of current legal challenges and IRS enforcement.
Recent Updates on the Applicability of IRC Section 280E to Cannabis Companies | JD Supra
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 Practice Chair, Kip Cawley, and Cannabis Practice Co-Chair, Jesse Alderman, recently discussed trends in the application of Section 280E and the status of current legal challenges and IRS enforcement.
Ohio Proposes Rules For Adult-Use Cannabis License Applications
The Ohio Division of Cannabis Control ("DCC") recently published proposed rules for adult-use cannabis license applications. In November 2023, 57% of Ohio voters approved the legalization of adult-use cannabis production and sales, making Ohio the 24th state to greenlight an adult-use market. As we reported in late November, the new adult-use cannabis law tasked DCC with promulgating rules.
Virginia Prepares To Accept Applications For A Single Medical Cannabis License For Health Service Area 1, Which Includes The Shenandoah Valley
Virginia's HSA 1 Pharmaceutical Processor Permit Effective January 1, 2024, the Virginia Cannabis Control Authority (CCA) assumed regulatory oversight of Virginia's medical cannabis program. The CCA was established in 2021 and has been recognized as Virginia's "principal source of government expertise on cannabis," but until this year, Virginia's medical cannabis program has been overseen by the Board of Pharmacy.
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 specifically, the Department of Justice (DOJ), which has authority over the DEA, submitted a formal rescheduling recommendation to the White House following an August 2023 recommendation from the Department of Health and Human Services (HHS) to the DEA to reschedule cannabis.
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.
Cannabis Rescheduling Update: DEA Announces Date For ALJ Hearing
On August 27, 2024, the Drug Enforcement Administration (DEA) has scheduled an ALJ hearing to consider briefs, evidence and witnesses from "interested parties"1 in connection with the DEA's proposed rulemaking to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA), following procedures established in both the CSA and the Administrative Procedures Act (APA).
Last Call For Delaware Applications: Some Tips For Applicants
FH Foley Hoag LLP More Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
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