Archive

Minnesota Hemp-Derived Cannabinoid Product Registration Now Open Through August 31, 2025

By Meg Nash
Jun 16, 2025

The Minnesota Office of Cannabis Management (OCM) has opened a new registration window for businesses selling hemp-derived cannabinoid products (HDCPs), including THC beverages. Businesses must register by August 31, 2025, to remain eligible for fall licensing and summer sales. Starting October 1, OCM will accept applications for Lower Potency Hemp Edible (LPHE) licenses for retailers, manufacturers, and the newly established wholesaler category. This blog outlines the state’s updated rules on potency, packaging, facility standards, onsite consumption, events, and delivery services.

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How HB25-1209 Streamlines Colorado Cannabis Laws

By Genevieve Meehan, Samantha Fow
May 22, 2025

On May 16, the Colorado legislature passed HB25-1209, a bill designed to reduce regulatory burdens on licensed cannabis businesses. Spearheaded by state lawmakers and supported by industry advocates, the bill streamlines outdated requirements related to background checks, recordkeeping, surveillance, and more—aiming to improve operational efficiency while maintaining public safety. In this Insights post, we’ll cover the key changes introduced by HB25-1209, how they affect cannabis operators and regulators, and what businesses should know moving forward.

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Nebraska Hemp Enforcement Update: Delta-9 THC Crackdown Targets Retailers

By Steve Pemberton
Apr 15, 2025

Nebraska’s Attorney General has issued cease-and-desist letters to over 100 hemp retailers, citing illegal Delta-9 THC levels. The crackdown highlights the state’s aggressive stance on synthetic THC and mirrors growing national pressure on hemp businesses. Find out how these enforcement actions could impact the industry and what steps businesses can take to stay compliant.

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Corporate Transparency Act, We Hardly Knew Ye: What the Interim Final Rule Means for U.S. Businesses

By Charles Alovisetti
Mar 27, 2025

The Corporate Transparency Act (CTA) has undergone significant changes with the issuance of a new Interim Final Rule (IFR) by the Financial Crimes Enforcement Network (FinCEN). These changes significantly reduced the law's scope, exempting most U.S. companies from Beneficial Ownership Information (BOI) reporting requirements. In this Insights post, we break down the key takeaways of the IFR and explain their impact on your business.

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Florida Implements New Hemp Extract Regulations: Key Changes for 2025

By Juliana Todeschi
Mar 24, 2025

Florida’s Rule 5K-4.034 establishes new regulations for hemp extract products, focusing on ingredient restrictions and child-resistant packaging. The rule bans 66 additives, including certain FDA-approved colorants, and adopts ASTM standards for child-resistant packaging to reduce product appeal to minors. While enforcement of the rule begins in June 2025, FDACS is already enforcing existing statutes and regulations, making early compliance essential for businesses operating in the state.

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The Regulators Are Watching: How New York Cannabis Licensees Should Prepare for Stricter Compliance Enforcement

By Brandon Kurtzman, Neil Willner
Mar 11, 2025

As New York’s cannabis market evolves, regulators are ramping up enforcement. Licensees must have a proactive compliance strategy for their business to avoid fines and penalties. In this insights post, we dive into the key areas of compliance risk under the newly established Trade Practices Bureau, including ownership violations, license stacking, and fraudulent practices. We also highlight proactive steps businesses can take to stay ahead of regulatory changes and protect their licenses.

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[Webinar] Rhode Island Cannabis Update: Draft Rules, Enforcement Trends and Licensing Opportunities

Feb 6, 2025

Watch this session, where Vicente attorney Meg Nash and director of compliance Casey Leaver take a look back at Rhode Island's cannabis market in 2024 and a look ahead at what’s to come in 2025, including what has happened during the transitional period, recent regulatory enforcement actions against current medical and hybrid operators, the proposed regulations that will govern the adult-use market, and how to prepare for the upcoming licensing process.

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New Cannabis Testing Requirements in Massachusetts: What We Know Right Now

By David Ullian, Casey Leaver
Jan 16, 2025

Massachusetts' Cannabis Control Commission has introduced new testing requirements, effective April 1, 2025, to prevent "lab shopping." Key changes include mandatory submission of Test Sample Packages to a single Independent Testing Laboratory, stricter rules for subcontracting tests, and penalties for non-compliance. Read on to learn more about these changes and how to take the necessary steps to ensure compliance and avoid regulatory violations.

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Top 5 Considerations for Maryland Cannabis Licensees

By Meg Nash, Casey Leaver, Bridgette Nikisher
Nov 7, 2024

Congratulations to those who won a cannabis social equity license in the Maryland lottery! Vicente’s Maryland team created a quick list of items to keep top of mind as you work towards your final license, including reviewing the new draft regulations, submitting supplemental applications, and property considerations.

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DEA Conducts Joint Raid in Texas on Vape Shops Selling High-THC Products

By Daniel Molina, Jason Adelstone
Sep 12, 2024

In August 2024, nine Texas vape shops were shut down after allegedly selling products over the legal THC limit set by state and federal law. Various interpretations of the 2018 Farm Bill and whether cannabinoids such as Delta-8 and THCA qualify as hemp have left a gray area in the legality of hemp-based products. This Insights post explores the THC thresholds of the products seized during the Texas raid and the DEA’s unclear position on synthetic THC and the definition of hemp.

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Cannabis Rescheduling Hearing Set: What Happens Now?

By Jason Adelstone
Sep 9, 2024

The DEA Hearing on Proposed Rulemaking for cannabis rescheduling will take place on December 2, 2024. What happens next? Read this insights article to learn about the importance of "interested persons" and the administrative law judge appointed to oversee the hearing, the anticipated timeline, the potential impact of the presidential election, and more.

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New Colorado Cannabis Testing Requirements Are Now Effective

By Genevieve Meehan
Jul 5, 2024

Heads up, Colorado cannabis businesses! The Marijuana Enforcement Division's (MED) Reduced Testing Allowance (RTA) program allows qualified businesses to reduce testing frequency. Additionally, Senate Bill 24-76 brings new requirements that stores should be ready to implement by August 6. Read this Insights post to learn how recent regulation changes impact your operations.

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Massachusetts Cannabis Control Commission Reviewing Host Community Agreements for Compliance With New Regulations

By David Ullian, Tim Callahan
Jun 5, 2024

The Massachusetts Cannabis Control Commission is now issuing formal Requests for Information and Notices of Deficiency to license applicants, licensees, and host communities, and is requesting the submission of a compliant HCA or HCA Waiver. This process could cause delays in the initial application, license renewal, and final licensure processes. Learn more about the HCA reviews and how to request a license renewal extension in this Vicente Insights article.

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Cannabis Rescheduling: The DEA's Proposed Rule and the Supporting OLC Opinion

By Jason Adelstone
May 21, 2024

The DEA published its proposed rule to move marijuana from schedule I to schedule III on May 21, and the 60-day public comment period has officially opened. The DEA also published an opinion from the Office of Legal counsel that provides a thorough analysis supporting why placing marijuana in schedule III is appropriate and legally justified. Read this insight for a high-level overview of the proposed rule and the OLC Opinion.

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Key Takeaways for the Hemp Industry from the House's Draft Text for 2023 Farm Bill and DEA's Proposed Rules to Reschedule Marijuana

By Michelle Bodian
May 17, 2024

This was a big week for hemp (as well as marijuana)! The proposed rules to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) were released and will be officially published in the federal register on May 21, 2024. Some of the language is relevant to hemp and hemp products. Additionally, the U.S. House of Representatives released draft text for the 2023 Farm Bill. Read this insight for key takeaways.

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Model Host Community Agreement Released by Massachusetts Cannabis Control Commission: What You Need to Know

By David M. Ullian, Tim Callahan
Mar 7, 2024

This Insights post provides an overview of recent changes impacting Massachusetts cannabis businesses. We break down the new Model Host Community Agreement (HCA), explaining its purpose, usage, and accessibility. Additionally, we explore the updated application and renewal processes, highlighting the mandatory inclusion of compliant HCAs or waivers. This blog serves as a valuable resource for both new and existing cannabis businesses seeking to navigate the evolving regulatory landscape in Massachusetts.

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The DEA’s Scheduling of Marijuana: What Happens After the DEA Publishes Its Rule?

By Jason Adelstone
Jan 30, 2024

On August 29, 2023, the Department of Health and Human Services (“HHS”) sent the Drug Enforcement Administration (“DEA”) its recommendation to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”). Since then, the marijuana industry has waited in suspense for the DEA to make the final call as to what schedule marijuana will be placed. Read this Insights post that outlines the complex process of marijuana rescheduling in the US and outlines the key steps involved, from rule publication to review and final rule, emphasizing the critical role of stakeholder engagement in securing a Schedule III classification.

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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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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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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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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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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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[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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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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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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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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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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