Archive

A Potential Breakthrough for Psychedelic Treatments: Ninth Circuit Court Ruling on Psilocybin Rescheduling

By Jason Adelstone
Dec 7, 2023

On October 27, 2023, the Ninth Circuit Court of Appeals, in Aggarwal v. DEA, held that the U.S. Drug Enforcement Agency (DEA) must reconsider its denial of a petition to transfer psilocybin, the active ingredient in “magic mushrooms” from Schedule I to Schedule II. Read this Insights post for more information about the Ninth Circuit Court’s order to reschedule psilocybin.

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[Webinar] Mississippi Medical Cannabis Update

Nov 16, 2023

Watch this Vicente LLP live session replay regarding Mississippi's medical cannabis market. Panelists will discuss the latest happenings in Mississippi’s cannabis market, business licensing application requirements, operational compliance within a cannabis business, and the future of the state’s growing industry.

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Colorado Natural Medicine Advisory Bulletin #5: October 2023

By Joshua Kappel, Jeff Fitzgerald, Psychedelic Alpha
Nov 14, 2023

Colorado Natural Medicine Advisory Bulletins provide updates on the implementation of Colorado's legal psychedelics program, the Natural Medicine Health Act. Bulletin #5 focuses on updates from the October subcommittee meetings and the full meeting of the Natural Medicine Advisory Board.

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Maryland Cannabis Business License Application Submission Guide

By Meg Nash, Bridgette Nikisher
Nov 6, 2023

Maryland’s first adult-use licensing round is almost here! Do you have what you need? We’ve prepared a list to help guide you toward submission.The 30-day application period opens next week on November 13, 2023, at midnight ET and closes on December 12, 2023, at 5 p.m. ET.

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Top Five Countries to Watch for International Cannabis Reform in 2024

By Jason Adelstone
Nov 6, 2023

While the cannabis industry in the United States awaits a marijuana scheduling decision from the DEA, many countries around the world continue to move forward with liberalizing their cannabis policies as a superior method of promoting the health and welfare of their citizens. In this blog post, we’ll take a closer look at five countries poised to make waves in the cannabis landscape in 2024, including Germany, Thailand, Colombia, the Czech Republic, and Switzerland.

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New Cannabis Regulations in Massachusetts Are Now in Effect: What You Need to Know

By David Ullian
Oct 31, 2023

The Massachusetts Cannabis Control Commission’s amended regulations make substantial changes to the current regulatory framework related to HCAs, Social Equity businesses, municipal equity, and agent suitability. These changes reveal a clear intent to make real progress towards achieving the goals of creating new opportunities and a level playing field for Social Equity businesses, and continuing to build a successful, equitable cannabis industry in Massachusetts. Read this article for an overview of the key provisions in the amended regulations.

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[Webinar] Identifying International Cannabis Opportunities in Europe

Oct 26, 2023

This recorded session features members of Vicente LLP’s Federal and International Law and Policy practice group and London cannabis attorney Robert Jappie of Fieldfisher sharing insights into what’s happening with cannabis and hemp-derived cannabinoids across the pond and opportunities for US operators and investors.

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Maryland Releases New Cannabis License Application Information

By Meg Nash
Oct 24, 2023

The Maryland Cannabis Administration (MCA) recently released new information about the upcoming licensing round, including application instructions, an evaluation worksheet, and application templates. MCA also published an FAQ page. Read on for a summary of key information.

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Colorado Psychedelics Implementation Update: DOR Natural Medicine Division Listening Sessions - Part 1

By Joshua Kappel, Jeff Fitzgerald, Psychedelic Alpha
Oct 24, 2023

As part of the pre-rulemaking process, the Colorado Department of Revenue's Natural Medicine Division began holding public “Listening Sessions” with the goal of gathering information from the public at large. The October sessions consisted of five, one-hour, online meetings focused on specific topics announced in advance. Read this article for a summary of the first five sessions.

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New York Cannabis Business Applications Are Live and the Deadline is Extended: What We’ve Learned

By Bridgette Nikisher
Oct 18, 2023

New York’s adult-use regulations are effective and the first application period for certain adult-use licenses is underway! At the Cannabis Control Board (CCB) meeting on October 17, 2023, CCB announced that they are extending the deadline for applications by two weeks. Read this Insights article for details related to Social and Economic Equity Applicant applications, how many licenses will be awarded, the review and selection process, property control and proximity protection, and true parties of interest disclosures.

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Colorado Natural Medicine Advisory Bulletin #4: September 2023

By Joshua Kappel, Jeff Fitzgerald, Psychedelic Alpha
Oct 17, 2023

Colorado Natural Medicine Advisory Bulletins provide updates on the implementation of Colorado's legal psychedelics program, the Natural Medicine Health Act. Bulletin #4 focuses on updates from the September subcommittee meetings and the full meeting of the Natural Medicine Advisory Board.

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[Webinar] Michigan Cannabis Market Trends & Economic Forecast

Oct 11, 2023

Watch this live session on Wednesday, October 11 at 1 p.m. ET. The session will feature Vicente LLP’s director of economics and research, Andrew Livingston, and the firm’s Michigan practice leader, Travis Copenhaver, as they discuss Michigan cannabis market trends and opportunities that will help your business to better adapt, strategize, and navigate changing market conditions.

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Cannabis and Hemp Developments in North Carolina

By David M. Ullian, Gabriel Amatruda
Oct 5, 2023

Public support for medical cannabis in North Carolina is quite strong and despite being one of only a few states that have legalized medical or adult use, cannabis is finally making headway in the Tar Heel State. Read this article to learn about recent cannabis and hemp developments in NC, including legislation and the Eastern Band of Cherokee Indians’ vote to legalize adult-use cannabis.

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Mississippi Medical Cannabis Market Update

By Colleen Mitchell, Andrew Livingston
Sep 20, 2023

It has been over a year since Mississippi began accepting applications for medical cannabis business licenses and the market has steadily grown. Now, with the residency requirement gone and the passing of a new bill that made some positive changes to the program, it is an excellent time to enter this budding market. Read this article for market updates, including the number of patients, dispensaries, cultivators and processors, in addition to new opportunities created by House Bill 1158.

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[Vicente LLP Event] Minnesota Hemp & Cannabis Seminar

Sep 18, 2023

Join the Vicente LLP team in Minneapolis for another can’t-miss hemp and cannabis legal and business seminar on October 19, 2023. The event will feature Vicente LLP hemp and cannabis business attorneys Michelle Bodian, Travis Copenhaver, Jeremy Shaw and Jason Tarasek, along with special guests Sen. Lindsey Port and cannabis accountant Angela L’Esperance of Ms. Jane Accounting.

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[Webinar] Preparing for New York Cannabis Business Licensing

Sep 14, 2023

New York's adult-use cannabis licensing is set to open in the fall, and members of Vicente LLP’s New York team and a special guest from Dutchie provide answers to the “who, what, where, when and how” questions on the minds of prospective Empire State cannabis licensees during this webinar replay.

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Cannabis Business Licensing Opportunities in Southern California

By Emily Hackman, Ashley Davies
Sep 12, 2023

Cannabis storefront retail and microbusiness license opportunities in Southern California have largely been few and far between. However, the City of Redondo Beach and the City of Santee are two great opportunities to expand or establish a foothold in the Southern California cannabis retail market. Read this article for a summary of the current status of each jurisdiction's application and licensing process.

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Colorado Natural Medicine Advisory Bulletin #3: August 2023

By Joshua Kappel, Jeff Fitzgerald, Psychedelic Alpha
Sep 7, 2023

Colorado Natural Medicine Advisory Bulletins provide updates on the implementation of Colorado's legal psychedelics program, the Natural Medicine Health Act. Bulletin #3 focuses on updates from the August subcommittee meetings and the full meeting of the Natural Medicine Advisory Board. In addition, the Department of Revenue will hold NMHA listening sessions throughout September.

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Maryland Cannabis Administration Releases Social Equity Verification Tool in Preparation for Cannabis Business Licensing

By Yolanda Clarke, Meg Nash
Sep 1, 2023

The Maryland Cannabis Administration and its Office of Social Equity took another step toward the first round of adult-use social equity licensing in the state with the announcement that their social equity verification portal will go live on September 8. This first round of adult-use licensing will be for standard or micro grower, processor, and dispensary license types. Only social equity applicants are eligible to take part in this first round and to qualify, you must first be officially verified as a social equity applicant.

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US Officially Recognizes Medical Use and Safety of Cannabis: The Top 6 Things to Know About Schedule III and the Process Ahead

By Shawn Hauser
Aug 31, 2023

The federal government formally acknowledged the medical use and low potential of abuse for cannabis, with the US Department of Health and Human Services recommending that cannabis be rescheduled to Schedule III under the Controlled Substances Act. While placement in Schedule III still criminalizes commercial cannabis activity at the federal level, it is a significant step on the path to ending prohibition. This rescheduling would eliminate the application of 280E tax penalties, reduce the level of criminal liability for cannabis-related activity, reduce barriers to research, legitimize the industry through gaining credibility and engagement by physicians and the medical community, and support a growing industry for the American economy.

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[Webinar] Washington, DC Cannabis Business Licensing Update

Aug 24, 2023

Washington, DC's Medical Cannabis Amendment Act of 2022 overhauls the existing medical cannabis program, significantly expands access for registered patients, and creates a variety of new business opportunities for operators. Watch this session to learn about DC’s new medical cannabis statute and new license opportunities for entrepreneurs.

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Colorado Natural Medicine Advisory Bulletin #2: July 2023

By Joshua Kappel, Jeff Fitzgerald, Psychedelic Alpha
Aug 14, 2023

Colorado Natural Medicine Advisory Bulletins provide updates on the implementation of Colorado's legal psychedelics program, the Natural Medicine Health Act. Bulletin #2 focuses on updates from the July subcommittee meetings and full meeting of the Natural Medicine Advisory Board.

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Colorado Natural Medicine Advisory Bulletin #1: Background

By Joshua Kappel, Jeff Fitzgerald, Psychedelic Alpha
Aug 14, 2023

Colorado Natural Medicine Advisory Bulletins provide updates on the implementation of Colorado's legal psychedelics program, the Natural Medicine Health Act. Bulletin #1 focuses on the Natural Medicine Advisory Board: What is the board, how does the board work, what subcommittees exist, what have they done so far, and what's next?

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Massachusetts Cannabis Control Commission Proposes Draft Amended Regulations: What You Need to Know

By David M. Ullian and Jennifer L. Flanagan
Aug 9, 2023

A new law is making significant changes to the cannabis industry in Massachusetts, particularly with respect to Host Community Agreements and municipal equity. Read this article for a high-level summary of the key provisions of the draft, amended regulations related to HCAs, municipal equity, social consumption, and suitability standards for marijuana establishment agents.

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Where Does the Texas Hemp Industry Go After the 2023 Legislative Session?

By Katelin Edwards, Andrea Golan
Aug 1, 2023

Between an unfavorable court ruling and an uninspiring 2021 legislative session, not to mention a major drought impacting all Texas crops, things were not looking good for hemp in Texas going into the 2023 legislative session. Then, many of the promising bills introduced in the 2023 legislative session were unsuccessful. Where does the Texas hemp market go from here? Read this article for four predictions from Vicente's hemp team.

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Oklahoma Cannabis Operators Should Be Alert of Increased Enforcement and Heightened License Application Scrutiny from OMMA

By Genevieve Meehan, Emily Hackman
Jul 26, 2023

As cannabis markets mature, regulatory agencies typically increase compliance enforcement through inspections and audits. It has become increasingly clear that The Oklahoma Medical Marijuana Authority has shifted toward increased and escalated enforcement and heightened license application scrutiny. Learn more about this shift and review the updated OMMA inspection forms by reading this Insights article.

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Colorado Marijuana Rulemaking Is Underway

By Genevieve Meehan
Jul 24, 2023

The 2023 rulemaking process will run through the fall and address a wide range of topics, including marijuana cultivation, manufacturing, and testing standards; fee increases; regulatory efficiency; implementation of legislation enacted earlier this year; intoxicating hemp; and hospitality.

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[Webinar] Maryland Cannabis Licensing: What We Know, What We’re Waiting For, and How to Get Started Now

Jul 19, 2023

With Maryland’s regulated cannabis industry opening up new opportunities for licensees and ancillary businesses in the coming months, questions remain about the Old Line State’s adult-use cannabis regulations and their impact on licensing, where licensed cannabis businesses can and will be located, MCA’s upcoming license lottery process, and more. Watch this recorded session for a deep dive into what we know, what we’re waiting for, and how to start smart now in Maryland.

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City of West Hollywood Community Educational Forum on Psilocybin Features Psychedelics Attorney Joshua Kappel

Jul 12, 2023

Learn about and support psychedelic policy by attending a community educational forum on psilocybin, featuring Vicente LLP founding partner Joshua Kappel, at the West Hollywood City Council Chambers on July 25, 2023. The educational forum will explore the full spectrum of psilocybin-related topics, including a discussion of past and current legislation aimed at decriminalizing psilocybin mushrooms and other hallucinogenic substances.

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Washington, DC Medical Cannabis Expansion and New Licensing Opportunities

By David M. Ullian
Jun 28, 2023

The Medical Cannabis Amendment Act of 2022 is a new law that overhauls Washington, DC’s existing medical cannabis program, significantly expands access for registered patients, and creates a variety of new business opportunities for operators. This article provides a high-level overview of some of the Act’s key provisions and new business opportunities.

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Minnesota Cannabis Market Projections

By Travis Copenhaver
Jun 22, 2023

While the state of Minnesota's study on the expected size and growth of the state's cannabis industry will not be complete until January 15, 2025, Vicente LLP's Economics & Research Department recently made some general predictions about the market. Read this Insights article to dive into the numbers.

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Join Vicente LLP at Psychedelic Science 2023 in Denver

Jun 7, 2023

The largest psychedelic gathering in history is coming to Denver June 19-23 and Vicente LLP is ecstatic to sponsor the conference and welcome the global psychedelic community to our hometown. Let’s connect at the conference and the many networking events that week!

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Cannabis Microbusiness Licensing Opportunities in Missouri

By Alex Solome, Colleen Mitchell
Jun 6, 2023

The Missouri Division of Cannabis Regulation’s microbusiness dispensary application instructions and sample application form are now live! Applications will be accepted from July 27 through August 10. If you’re interested in applying for a cannabis microbusiness license in Missouri, read this article for more details and reach out to our licensing team to get started.

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Legal Guide to Decriminalized Natural Medicine in Colorado

May 29, 2023

Colorado is the first state to decriminalize natural psychedelics for personal and communal use. This guide contains information on personal use, civil protections, and Colorado's regulated natural medicine access program. Natural psychedelics remain illegal under federal law. Please be conscientious and know the laws.

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The Ultimate Guide to SB23-290, Colorado’s Natural Medicine Regulation and Legalization Bill

By Joshua Kappel, Juliana Todeschi, George Winfrey
May 24, 2023

Another key step in bringing natural psychedelic medicine to Colorado was completed this week. Governor Polis signed SB23-290, the Natural Medicine Health Act’s implementation bill. This bill is the most comprehensive piece of legislation ever passed by a state government related to a state-authorized natural psychedelic medicine program. It builds upon the values of the NMHA with a renewed focus on indigenous voices, safety, and regulatory efficiency. The measure goes into effect on July 1, 2023. Read our full analysis of the bill.

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Upcoming Cannabis Business Licensing Opportunities Across the U.S.

By Jerrico Perez
May 22, 2023

Opportunities for growth across the nation are currently abundant for cannabis businesses, and our experienced team is here to help you navigate these increasingly complex and competitive licensing processes. With more winning merit-based applications than any other law firm in the country, our team’s work ethic, dedication, and experience will help elevate your application above the competition and set your business up for long-term success.

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Can New York’s Illegal Cannabis Dispensaries Be Stopped? Governor Hochul Proposes a Solution

By Michelle Bodian, Elliot Choi
May 12, 2023

New York City has seen a proliferation of illicit and unregulated cannabis stores since the Marihuana Regulation & Taxation Act was signed into law on March 31, 2021. To date, enforcement efforts have been limited; however, that could all change with the passage of the Governor’s 2024 budget. Read this article to learn key aspects of the budget provisions concerning the illicit cannabis market.

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Revised New York Adult-Use Cannabis Regulations: What You Need to Know

By Michelle Bodian, Elliot Choi, Brandon Kurtzman, Charles Alovisetti
May 11, 2023

On May 11, 2023, New York’s Cannabis Control Board voted to approve the revised adult-use cannabis regulations. The Office of Cannabis Management (OCM) has indicated adult-use cannabis applications will open up in the fall, meaning these revised regulations will function as our roadmap. This article outlines key changes in the revised regulations.

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DEA Proposes to Reschedule Hemp-Derived Cannabinoids

By Michelle Bodian, Shawn Hauser, Shane Pennington
May 11, 2023

At a DEA supply chain conference last week, Terrance Boos, Section Chief, Drug and Chemical Evaluation Section, stated that the DEA will be releasing a rule to reschedule certain hemp-derived cannabinoids.

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Buying a Ketamine Clinic: Why, How, and Risks to Understand

May 11, 2023

With ketamine being the only approved psychedelic drug for medical use, ketamine clinics offer a unique opportunity for investors and entrepreneurs looking to enter the expanding market of innovative mental health therapies. In this article, we will explore the reasons behind the growing demand for ketamine clinics and the unique regulatory considerations involved in transactions involving these businesses.

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Key Aspects of New York's Cannabis Law and Draft Regulations

By Charles Alovisetti
May 8, 2023

New York's Cannabis Control Board meets this week and a revised set of draft regulations, reflecting comments from the initial period, is expected to be released before the meeting. Attend our webinar on May 17 for a deep dive into the revised regulations.

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Overview of Kentucky's Medical Marijuana Law

By Sally Kent Peebles
May 3, 2023

Kentucky Governor Andy Beshears signed SB47 into law, making the Bluegrass State the 38th state to take this important step. Read this insights article for an overview of the law, including license types and qualifying medical conditions for patients.

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What You Need to Know About SB23-290, Colorado’s Natural Medicine Health Act Implementation Bill

By Genevieve Meehan and Sara Simons
May 3, 2023

Since its introduction on April 18, SB23-290, the implementation bill for the Natural Medicine Health Act (NMHA), made its way through the Colorado Legislature and now awaits the governor's signature. Although the bill started off with a couple of policy positions that were antithetical to the voter-initiated act, after a series of amendments and a lot of work by Colorado activists and lawyers, it seems clear SB23-290 builds off the intent of the NMHA to create a natural psychedelic ecosystem in Colorado based in equity and safety. Read this Vicente Insights post for key aspects of the bill.

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Colorado Psychedelics Update: State House of Representatives Passes Natural Medicine Health Act Implementation Bill SB23-290 with Amendments

By Joshua Kappel
May 1, 2023

Since its introduction on April 18, SB23-290, the implementation bill for the Natural Medicine Health Act (NMHA), made its way through the Colorado House and has now passed with amendments that have generally brought this bill even closer to the original intent of Prop 122! Read this Vicente Insights post for the latest updates and next steps for the bill.    

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Key Takeaways from Maryland’s Adult-Use Cannabis Implementation Bills Awaiting Governor Moore's Signature

By Sahar Ayinehsazian, Sam Kovach-Orr
Apr 26, 2023

Maryland's adult-use cannabis implementation bills are currently awaiting Governor Wes Moore's signature after the House Economic Matters Committee and the Senate Finance Committee collaborated to create alignment between the two pending bills, HB556 and SB516. Read this article for key takeaways, including who will oversee cannabis regulation, revised definitions and limits, and important changes to licensing.

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Colorado Psychedelics Update: Natural Medicine Health Act Implementation Bill SB23-290 Engrossed, Reengrossed, and Heading to the House

By Joshua Kappel, Juliana Todeschi
Apr 25, 2023

Since its introduction on April 18, SB23-290, the implementation bill for the Natural Medicine Health Act (NMHA), has gone through the Colorado Senate Finance and Appropriations Committees and several amendments have been made. The reengrossed version of the now 91-page bill heads to the state House with a new sponsor, Representative Judy Amabile. Read this Vicente Insights post for the latest updates and next steps for the bill.    

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[Webinar] Equitable Access & Psychedelics

Apr 13, 2023

Making psychedelic-assisted therapy and training opportunities accessible to historically and systematically oppressed populations is essential to creating a more equitable healthcare model. But how can this be achieved? Watch this webinar for a discussion on equity and psychedelics with professionals from Alchemy Community Therapy Center.

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Cannabis License Types and Timelines in Maryland Adult-Use Regulation Bill Awaiting Governor's Signature

By Jen Flanagan, Meg Nash, Sam Kovach-Orr
Apr 12, 2023

Roughly two months after the introduction of cross-filed bills relating to regulating adult-use cannabis in Maryland, HB556 and SB516, the General Assembly passed a final version of the bill and sent it to Gov. Wes Moore for his signature. Read this article for highlighted proposed provisions affecting current and future licenses, including license types and timelines.

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Revisiting SOPs in Massachusetts Cannabis: A Cautionary Tale

By Casey Leaver
Apr 10, 2023

The Massachusetts cannabis employee data breach made public last month by the Cannabis Control Commission, combined with recent announcements about the Commission’s “secret shopper” program and an increase in unannounced inspections at licensed facilities, presents a trifecta of reminders for marijuana establishments to revisit their standard operating policies and procedures (SOPs).

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Minnesota Cannabis Legalization Bill Amended to Lessen Potential Impact on Breweries Manufacturing THC Beverages

By Krissy Atterholt, Jason Tarasek
Mar 22, 2023

Microbreweries and cideries have become Minnesota THC beverage market leaders in the wake of 2022's hemp-derived THC product bill. The current cannabis legalization bill would have made things difficult for these producers, but it was recently amended so that lower-potency hemp edibles manufacturers could produce lower-potency hemp edibles at the same facility where food (such as beer or cider) is manufactured.

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[Webinar] How to Run a Compliant Cannabis Dispensary in New Jersey

Mar 22, 2023

So, you received your New Jersey cannabis business license. Now what? It’s time to get on the path to success as an operational and compliant cannabis dispensary. Watch this session from Vicente LLP for a regulatory update and compliance tips to help you thrive in this highly complex regulatory environment.

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Forming Psychedelic Companies: 10 Lessons from the Cannabis Industry

By Charles Alovisetti
Mar 22, 2023

A new industry is emerging in the United States, and entrepreneurs in the psychedelics space must make critical decisions at the onset of new ventures regarding how to set up and structure their new businesses. Luckily, we have access to another industry with a complex legal framework and a patchwork of different state laws: cannabis. And after forming hundreds of cannabis companies with clients over the past decade, Vicente LLP has lessons to be shared.

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Michelle Bodian Will Discuss Connecticut Cannabis Licensing and Regulatory Updates at Xpocanna Cannabis Convention

Mar 15, 2023

Are you ready to jump into the Connecticut cannabis market? Attend this Xpocanna session with Vicente partner Michelle Bodian on March 25 for reflections on the Nutmeg State’s 2022 licensing lottery process, guidance for applying in 2023, and insight into what’s might be coming during this year from the legislature, Dept of Consumer Protection, and the Social Equity Council.

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The Duality of Cannabis Regulation According to the International Narcotics Control Board: A Response to the Report of the INCB for 2022

By Jason Adelstone
Mar 15, 2023

In its 2022 report, the International Narcotics Control Board (INCB) argues that legalizing the non-medical and non-scientific use of cannabis has failed to achieve the benefits to society that were intended through such legalization. In its attempt to deliver evidence of this failure, INCB instead provides ample evidence to the contrary—that legalization and regulation work. Read this insight for Vicente LLP’s response to the annual report of the INCB.

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[Webinar] Restructuring Options in Cannabis: Out-of-Court Workouts

Mar 15, 2023

Cannabis businesses facing insolvency can't access federal bankruptcy courts, but they do have restructuring options. One of those options is an out-of-court workout between lenders and borrowers. Watch this Vicente LLP session to learn the practical issues around out-of-court workouts and cannabis companies.

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[Webinar] Restructuring Options in Cannabis: Receiverships

Feb 16, 2023

Cannabis companies facing insolvency must use state receiverships or out-of-court workouts to restructure an insolvent business. But what does that mean, and what is the right choice for your business? Watch our live session on the practical issues around the receivership of cannabis companies.

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[Webinar] Psychedelic Opportunities in Oregon and Colorado

Jan 12, 2023

As states like Oregon and Colorado develop regulated pathways for people to get involved in the regulated psychedelics industry, possibilities—and questions—are increasing: What are the opportunities now, what’s next, and where? Get answers by watching this recorded session.

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Connecticut Adult Use Sales Open: How Much Will Customers Pay in Taxes?

By Michelle Bodian
Jan 10, 2023

Adult-use cannabis sales started in Connecticut on January 10, 2023. While this historic moment has been in decades in the making, the tax collector still wants its piece of the pie. Read this for a quick recap of the applicable taxes and registration process for Connecticut cannabis retailers, hybrid retailers, and micro-cultivators, and a look at how much their customers will pay in taxes.

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Oregon Psilocybin Services Releases New Proposed Rules and Public Comment Period

By Yolanda Clarke, Jamie Greenwood
Nov 16, 2022

In another exciting step towards implementing psilocybin services, the Oregon Psilocybin Services Section issued updated proposed rules under the Oregon Psilocybin Services Act this month, making significant changes to the previous iteration. Make your voices heard! The public comment period is open through November 21, 2022.

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Ocean State Cannabis Update: Municipal Approvals for Adult Use Retail in Rhode Island Provide Ample Opportunity for Interested Applicants

By Jen Flanagan, Sam Kovach-Orr, Meg Nash, Bridgette Nikisher
Nov 16, 2022

Widespread support for allowing cannabis retail sales in Rhode Island municipalities significantly expands opportunities for potential applicants seeking to obtain one of the 24 cannabis retail licenses expected to be available in 2023. Read this article for insight into what to expect next and how to prepare.

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Tax Credits Available for Investing in Connecticut Cannabis Companies

By Michelle Bodian, Bridgette Nikisher
Nov 15, 2022

Who wants free money for investing in a Connecticut cannabis company? CT's Cannabis Angel Tax Credit Program provides a way for investors to receive a 25% tax credit against the state income tax when they invest at least $25k in an approved social equity cannabis licensee.

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President Biden's Cannabis Scheduling Directive: Part 3

By Shane Pennington
Nov 9, 2022

What outcomes are possible from the impending administrative process to reconsider cannabis’s schedule I status? What are the implications of those various possible outcomes? And how should we all proceed in light of it all?

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The Evolution of the Cannabis Industry in Massachusetts

By David Ullian, Jennifer Flanagan
Nov 2, 2022

This Bloomberg Law article by David Ullian and Jen Flanagan explores the evolution of the Massachusetts adult-use cannabis industry and how lawmakers, regulators, and industry advocates contributed to key recent legislative and regulatory developments.

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[Webinar] Cannabis & Psychedelics On the Ballot

Nov 1, 2022

The November 2022 ballot has those interested in cannabis and psychedelic policy reform on their toes. From supporting adult-use cannabis initiatives in Arkansas, Missouri, North Dakota, South Dakota, and Maryland, to potential psychedelic reform in Colorado, there is plenty of excitement!

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How to Fix Non-compliant Michigan Cannabis Product Packaging

By Krissy Atterholt
Oct 28, 2022

Complying with Michigan's marijuana packaging and labeling laws can be challenging to navigate if you don't pay close attention to the rules. If a product's packaging is not compliant, some potential remedies are available to bring the product back into compliance.

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Michigan Cannabis Packaging and Labeling 101

By Krissy Atterholt
Oct 28, 2022

Cannabis packaging and labeling requirements vary across markets and product types, so it’s critical that your packaging and labeling are compliant with state-specific regulations. Read this article to know what information needs to be on marijuana product packaging in Michigan.

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President Biden's Cannabis Scheduling Directive: Part 2

By Shane Pennington
Oct 21, 2022

To appreciate the gravity of the President’s scheduling directive and what could happen next, you need to understand (1) how the administrative process the President has set in motion will actually work and (2) how the agencies in charge have used it to affirm and reaffirm cannabis’s schedule I1 status repeatedly throughout the Comprehensive Drug Abuse Prevention and Control Act of 1970’s (“CSA”) history. Those topics are covered in this article. 

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Colorado Prop 122: A Transformative Measure Grounded in Equity and Healing

By Joshua Kappel and Tucker Wentz
Oct 11, 2022

Vicente Sederberg LLP is proud to stand with Natural Medicine Colorado and support Proposition 122. This measure not only provides safe access to natural psychedelic medicines, but does so in a way that is grounded in equity and conscious capitalism while also protecting legacy communities and existing medicine keepers.

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The Natural Medicine Health Act of 2022: A Measure to Access Psychedelic Medicine in Colorado

By Colleen Mitchell, Yolanda Clarke
Oct 10, 2022

Prop 122 would create a regulated system for adults aged 21 and older to access natural psychedelic medicine, such as psilocybin, in a supervised setting to treat various mental health conditions. It would also allow for the cultivation, possession, personal use, and gifting of psychedelic medicine for adults aged 21 and older. Read this for an overview of the proposition’s key components.

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Raising Private Capital in the Cannabis Industry

By Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian
Sep 29, 2022

Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian write for the Bloomberg Law, reflecting on the challenges and journey of raising private capital in the cannabis industry

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Lessons Learned from the Regulation of CBD Products in the United Kingdom

By Shawn Hauser, Catie Wightman, Ariane Beckman
Sep 20, 2022

Like the US, regulators in the UK are struggling to find ways to best regulate CBD and other hemp-derived products—frustrating hemp businesses across the globe. Read this VS Insights article to learn how the UK is currently regulating CBD and key findings and recommendations from the ACMD's Consumer CBD Products Report.

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The ESG Threat by Shareholders and Proxy Challenges

By Marc Ross
Sep 7, 2022

Socially responsible investors and activist board members have been throwing their ESG weight around during the last few proxy seasons at annual shareholder meetings. They demand action on climate change, diverse boards and senior leadership, restrict campaign donations, divestment in specific industries, and request measurement, benchmarking, and reporting of comprehensive ESG impacts.

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Cannabis in New Mexico: Understanding Water Sources & Regulations

By James Nechleba
Sep 1, 2022

In a rush to market, many cannabis operators in New Mexico did not sufficiently understand local water laws and regulations and, as a result, did not have adequate water supply to meet their needs. Read this article for a better understanding of the state's water sources and regulations.

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New York Cannabis Regulators Make the Environment a Top Priority for All Licenses

By Michelle Bodian, Bridgette Nikisher
Aug 24, 2022

We anticipate New York's adult-use cannabis rules will be one of the country's strictest in terms of environmental and energy standards and best practices for water and energy conservation. Regardless of what license type you're interested in pursuing or have already obtained, you'll need to add "environmental considerations" to your mental to-do list.

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Is CBD Safe? Health Canada Report Weighs In

By Ariane Beckman, David Kramer
Aug 23, 2022

Health Canada recently released a report titled, “Review of cannabidiol: Report of the Science Advisory Committee on Health Products Containing Cannabis.” Learn about the findings in this VS Insights article.

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[Webinar] Massachusetts Cannabis Regulatory Update

Aug 19, 2022

Massachusetts Legislature recently voted to pass marijuana reform legislation that will impact the cannabis industry in significant ways, particularly with respect to social equity. Watch this for an overview of the new law and insights into how it might impact your business.

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New York Conditional Adult-use Cannabis Retail Dispensary Regulations Will Fast-track Licensing and Prioritize Justice Involved Individuals

By Michelle Bodian, Jennifer Cabrera, Bridgette Nikisher
Aug 16, 2022

On August 12, 2022, New York state announced the application window for Conditional Adult-Use Retail Dispensary Licenses (CAURD), which will be the first batch of adult-use retail licenses released in New York. CAURD applications will be available starting August 25, 2022 and close on September 26, 2022.

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Highlights from New Jersey’s 2022 Proposed New Cannabis Rules

By Jennifer Cabrera, Kate Monroe, Bridgette Nikisher, Steve Pemberton
Aug 2, 2022

New Jersey's CRC released proposed cannabis regulations that implement the CREAM Act and include rules for wholesalers, distributors, and delivery services, and include a new restriction on license ownership among family members. Read this article for highlights and reach out to our NJ team for a copy of the full summary.

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Vicente Sederberg Contributes to APPG for CBD Products' Business Plan to Future-Proof UK Cannabis Industry

Jul 28, 2022

The All-Party Parliamentary Group (APPG) for CBD Products recently delivered "A Plan for a Legal and Regulated UK Hemp and Cannabis Sector" to the UK Government. Shawn Hauser and Andrew Livingston contributed to the business plan, which offers an industry analysis and series of recommendations to create a well-regulated, multi-faceted and competitive UK cannabis industry.

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Hemp States to Watch 2022: Louisiana

By Andrea Golan and Ariane Beckman
Jul 25, 2022

Continuing to keep a close eye on key states to watch in 2022, this article focuses on recent hemp- and cannabinoid-related legislation in Louisiana: Act No. 498. To create a thriving hemp market in Louisiana, we believe legislators should clarify the Act’s language before the deadline.

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How to Get Started on Your New York Cannabis Business License Application

By Brandon Kurtzman, Bridgette Nikisher
Jul 5, 2022

To beat the summer slump, VS’s New York team created an eight-part series of VS Insights to help you prepare for your New York cannabis business license application. Read the first article of the series, which focuses on helpful tips to put your best foot forward for the licensing process.

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FDA Enforcement Action Targeted at Hemp-Derived Delta-8 Products

By Michelle Bodian, Shawn Hauser, Catie Wightman
May 5, 2022

For the first time ever, the FDA issued warning letters to companies selling products containing hemp-derived Delta-8 THC. Notably, this is the first time the FDA has specifically enforced against Delta-8 products. Read this for key takeaways from these warning letters.

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[Webinar] Minor Cannabinoids & Trending Topics in Hemp

Apr 1, 2022

Watch this session exploring trending topics in hemp. During the session, members of our hemp team dive into the legality, regulation, and lawsuits surrounding minor cannabinoids, current federal hemp legislation, and what we expect and hope to see in the 2023 Farm Bill.

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Hemp States to Watch in 2022: California

By David Kramer
Feb 7, 2022

California is hoping that this will be the year that its hemp industry emerges from the shadows and takes its place among the nation's hemp leaders. Read this article for an outline of what hemp operators should expect from the CDPH and California's hemp program in the coming months.

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Mississippi Legalizes Medical Cannabis: Key Takeaways from the MMCA

By Sally Kent Peebles
Feb 3, 2022

The Mississippi Medical Cannabis Act (MMCA) is poised to achieve what no other southern state has yet to accomplish—the development of a refreshingly non-competitive licensed program that should allow for greater patient access and lower barriers to entry for those interested in participating in this exciting industry.

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Cannabis State Regulatory Agencies

By Jennifer Cabrera, Jen Flanagan
Jan 29, 2022

This LexisNexis practice note offers a greater understanding of the varied processes that impact the legalization of cannabis at the state level and discusses how evolving state statutes and regulatory structures impact the adult-use cannabis industry.

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10 Updates on New York’s Cannabis Market

By Charles Alovisetti, Michelle Bodian, Brandon Kurtzman
Jan 18, 2022

While we still don’t have draft or final cannabis regulations, applications, or a definitive timetable, plenty of new information has come out since legalization. Read this article for ten key updates about New York’s market in the past year.

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ABA Global Business of Cannabis Conference is Coming to Denver

Nov 9, 2021

The American Bar Association's International Law Section will host its first annual Global Business of Cannabis Conference in Denver, Colorado from November 10-12, 2021. Marc Ross is slated to join the panel "The Environmental Impact of Cannabis Cultivation: Does Legalization Make a Difference?"

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5 Years of Legal Cannabis in Massachusetts

By David M. Ullian, Gabriel Amatruda
Nov 8, 2021

Five years in, the Commonwealth has seen the most significant growth in both the number of cannabis businesses and sales, and the market continues to expand and provide new opportunities.

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[Webinar] Cannabis Real Estate Considerations

Oct 12, 2021

Watch this recorded session where members of VS’s real estate practice discuss cannabis real estate issues, including lease considerations, financing, and local jurisdiction laws that may affect your business. 

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The Battle to Allow Smokable Hemp in Texas

By Shane Pennington
Sep 13, 2021

Texas has allowed hemp cultivation and state-based manufacturing, distribution, and retail sale of hemp and consumable hemp products since 2019—but only if the products weren’t intended for smoking. This prohibition on a product with such high value for hemp farmers—and soaring consumer demand—was sure to make waves.

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sxsw

Aug 25, 2021

Vote for the panel "Sue 'n the DEA: Breaking the 50-Year NIDA Monopoly," featuring Shane Pennington to be included in SXSW 2022!

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Psychedelics As Medicine: Right To Try Case Versus DEA

By Shane Pennington
Aug 9, 2021

In what could be a groundbreaking case for psychedelic medicine, VS counsel Shane Pennington is part of a team working on an exciting and very important Ninth Circuit challenge to the DEA's refusal to accommodate state and federal right to try laws.

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Charles Alovisetti to Present Cannabis Real Estate Financing CLE

Jul 1, 2021

The CLE, titled "Financing Cannabis-Related Real Estate: Structuring Options, Enforcement Issues, Regulatory Hurdles" will analyze legal and practical issues borrowers and lenders need to consider when documenting and funding a loan transaction secured by cannabis-related real estate.

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New Hemp CBD Laws, Regulations, and Policies: June 2021 Update

By Caitlin Wightman, Michelle Bodian, Jace Pohlman
Jun 15, 2021

Over the first half of 2021, many states passed laws, implemented, or proposed new regulations regarding hemp cultivation, processing, and CBD products. These changes range from updates to testing, labeling, and packaging requirements, to adjustments in license requirements and limits on the types of hemp-derived products that can be sold. 

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[Webinar] Impact and ESG in the Cannabis Industry

Jun 15, 2021

Watch this recorded session to meet the new VS Impact & ESG team, learn more about this emerging business priority, and how to start planning and measuring your ESG practice – including Corporate Social Responsibility programs, meaningful Diversity, Equity & Inclusion efforts, environmental sustainability, and community and employee engagement.

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Cannabis Entrepreneurship Academy

May 4, 2021

Colorado Law Executive Education and CU Leeds School of Business are offering an online Cannabis Entrepreneurship Academy on Fridays during June 2021. The academy will tackle many cannabis business issues, including leadership, financing, regulations, markets, and more!

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What is a Cannabis REIT?

By Charles Alovisetti, Cassia Furman
Apr 23, 2021

To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.

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5 Things You Need to Know Before Entering the Cannabis Industry

By Brian Vicente
Apr 19, 2021

The cannabis industry is complex. Prospective cannabis business owners and other service providers interested in working with cannabis businesses are wise to take a step back and assess what it really takes to not only enter the cannabis industry, but to succeed in it.

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Commercial Leases Involving Cannabis Businesses

By Ben Leonard and Brett Williams
Mar 9, 2021

This article published by the Colorado Bar Association addresses issues unique to cannabis-related business lease transactions and offers suggestions for structuring such leases to maintain regulatory compliance.

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What is a Cannabis SPAC?

By Charles Alovisetti and Ilya Ross
Feb 19, 2021

With wary investors and a minimal number of FDIC-insured bank lenders in the space, cannabis entrepreneurs are running out of options to raise capital. SPACs create a unique opportunity to fill the current vacuum of capital in the cannabis industry.

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Coronavirus and Cannabis: Colorado Regulatory Updates

By Charles Alovisetti, Corey Cox, Justin Johnson, Andrew Livingston, Jessica Scardina, Jordan Wellington, Catie Wightman
Jan 11, 2021

Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on cannabis businesses, service providers, and consumers in Colorado.

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Litigation Funding for Cannabis and Hemp Businesses

By Jennifer Cabrera, David Kramer
Nov 30, 2020

As anyone who has been involved in a legal dispute knows, litigation can be very costly. Thankfully, litigation funding is an option and lenders are increasingly willing to lend to cannabis and hemp businesses.

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Cannabis Litigation vs. Arbitration

By Jennifer Cabrera
Nov 20, 2020

While it’s best to avoid litigation and arbitration in the first place, disputes happen and are occurring more frequently in the maturing cannabis sector. Here's a primer on both.

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Cannabis Trademarks 101

By Erik Pelton, Jeffrey Welsh
Nov 13, 2020

In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets.

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The Impact of COVID-19 on the Cannabis Industry

By Charles Alovisetti, Sahar Ayinehsazian, Andrea Golan
Nov 5, 2020

The coronavirus and efforts to contain it have led to changes in the regulatory landscape and consumer behavior that are likely to shape the cannabis industry moving forward. In spite of COVID-19, or perhaps because of it, the cannabis industry is thriving, and will continue to do so as long as demand remains strong and operators adhere to the rules and regulations designed to keep consumers and employees safe.

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Cannabis in the 2020 Election: All Eyes on the U.S. Senate

By Steve Fox
Oct 26, 2020

This November 3, in addition to presidential and congressional elections that will have a major impact, five states have ballot measures that will legalize marijuana in some form. This post takes a look at cannabis legalization on the federal level.

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Raising Private Capital in the Cannabis Industry

By Charles Alovisetti, Elliot Choi, Sahar Ayinehsazian
Sep 18, 2020

Raising private capital continues to be a challenge for the nascent cannabis industry, but there are proactive steps companies can take to maximize the chance of a successful raise.

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Can't-miss Cannabis Business Opportunities in New and Growing Markets

By Jerrico Perez
Aug 21, 2020

Vicente Sedeberberg LLP continues to identify exclusive licensing opportunities for our clients. With more winning merit-based applications than any other law firm in the country, our team’s work ethic, dedication, and experience can help elevate your application above the competition.

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Guide to Closing Cannabis Transactions Between Private Companies

By Charles Alovisetti, Elliot Choi, Ben Leonard, Jeremy Shaw
Aug 6, 2020

Conducting a closing is one of the more stressful tasks for junior and even senior attorneys. When a deal is ready to close, most of the principals and businesspeople are finished with their work, but lawyers are not out of the woods yet.

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Avoiding Massive Delaware Franchise Tax Bills

By Charles Alovisetti
Jun 24, 2020

Forming a Delaware corporation is a good idea for some cannabis startups, but often results in a hefty Delaware franchise tax bill. In this article, we explain why you might actually owe less.

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US Cannabis and International Treaties

By Amber Lengacher, Elliot Choi
Jun 15, 2020

While often overlooked, the Single Convention has important implications on cannabis reform, including purportedly requiring the US to maintain cannabis on Schedule I of the CSA.

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Colorado Cannabis Expungement Clinic

Jun 11, 2020

The Color of Cannabis, in partnership with Minority Cannabis Business Association and Vicente Sederberg LLP, will host a free expungement clinic for Denver County cannabis convictions on June 20, 2020. RSVP by June 19!

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Epidiolex Was Removed from the CSA. Now What?

By Corey Cox
May 28, 2020

The CBD-based medicine, Epidiolex, was descheduled by the DEA and is no longer a controlled substance. What are the implications of this change and what, if anything, does it mean for CBD products in general?

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10 Tips for U.S. Cannabis Businesses Facing an Economic Downturn

By Phil Silverman
May 20, 2020

The U.S. is facing its gravest economic crisis since the Great Depression due to the coronavirus pandemic. These 10 concepts are not necessarily unique to cannabis businesses, but in an industry that’s already subject to greater federal, state and local scrutiny, they can serve as a guide for those seeking to relieve their financial stress.

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What’s Next for Texas Hemp?

By Shawn Hauser
May 19, 2020

With its incredible farming communities, over 100 million acres of farmland, and large manufacturing and research infrastructure, Texas is poised to play a significant role in the U.S. hemp industry.

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Cannabis Business Licensing Opportunities Amidst COVID-19

By Jerrico Perez
May 13, 2020

Vicente Sedeberberg LLP continues to identify exclusive licensing opportunities for our clients. With more winning merit-based applications than any other law firm in the country, our team’s work ethic, dedication, and experience can help elevate your application above the competition.

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