Archive

New Jersey Cannabis Dispensaries Can Now Apply for Consumption Lounge Licenses

By Jennifer Cabrera, Steve Pemberton
Jan 13, 2025

The New Jersey Cannabis Regulatory Commission (CRC) began accepting applications for cannabis consumption area endorsements on January 2, 2025. A consumption area endorsement allows existing New Jersey dispensaries (both medicinal and personal use) to offer their patrons a space to consume cannabis at the licensed premises—either in an “indoor” or “outdoor” cannabis consumption area. Learn more about this exciting opportunity!

Cannabis Trademarks 101

By Jeffrey Welsh
Nov 19, 2024

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.

New Jersey Passes Law to Regulate ‘Intoxicating Hemp Products’

By Sarah Grande, Andrea Golan, Shawn Hauser
Sep 23, 2024

New Jersey is the latest state to regulate “intoxicating hemp products,” with an immediate ban on the sale of products with any detectable amount of THC to individuals under 21 years of age and only allows such products to be sold in state-licensed cannabis businesses. The new law will permit liquor stores licensed by the Cannabis Regulatory Commission to sell intoxicating hemp beverages once those regulations are adopted.

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.

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.

How to Choose a Trademark for Your Cannabis Brand

By Chelsie Spencer
Sep 3, 2024

A strong trademark is crucial for cannabis businesses to stand out and thrive. This Insights post explores the importance of trademark protection and breaks down the different categories of trademark distinctiveness, from generic to fanciful. By understanding these categories, entrepreneurs can make informed decisions to safeguard and protect their brand identity.

Vicente LLP Will Present Cannabis Compliance and Branding Sessions at the 2024 New Jersey Cannabis Convention

Aug 7, 2024

Join Vicente LLP at NECANN’s 5th Annual New Jersey Cannabis Convention on September 6 and 7! On day 1, Jennifer Cabrera will share insights on IP and licensing for cannabis brands. On day 2, Stephen Pemberton and Casey Leaver will offer compliance tips for successful cannabis business operations in New Jersey. Register for the event and contact us to schedule a meeting with a member of our team!

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.

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.

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.

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.

[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.

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?

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. 

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.

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.

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!

Trademark Protection for Cannabis, Hemp and CBD Brands

Dec 11, 2019

What brand protection options are available for businesses in the cannabis, hemp, CBD or related industries? Watch this presentation to better understand the tactics your business can implement to increase protection for brand names, logos, and slogans.

Workshop: Medicinal and Therapeutic Uses of Cannabis

Aug 15, 2019

VS Counsel Jennifer Cabrera will lead a workshop at Union County College where attendees will learn how cannabis works, how patients can acquire it in New Jersey, and the benefits, side effects and risks associated with medical marijuana use.