Archive

Ongoing Delta-8 THC Legal Battle Moves to the Texas Supreme Court

By Daniel Molina
Sep 16, 2024

The Delta-8 THC battle in Texas continues, with the arena now moving to the Texas Supreme Court. On August 21, 2024, the Texas Department of State Health Services filed an opening brief with the Texas Supreme Court in the case Texas Department of State Health Services v. Sky Marketing Corp. as part of an ongoing effort to ban D8 in Texas, a battle the agency has been waging since 2021.

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.

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.

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.

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.

[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.

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.

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.

[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.

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.

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.

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.

[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.

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.

[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.

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.

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.

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!

[Webinar] Hemp Game Changers

Apr 17, 2020

This virtual session, originally planned for SXSW 2020, features representatives from Vicente Sederberg, Canopy Growth Corporation, and Willie's Remedy discussing the future of the industry, its challenges, the environment, and more.

How to Get a Medical Marijuana Card via Telemedicine

By Charles Alovisetti, Brandon Kurtzman
Apr 16, 2020

Since COVID-19 has limited patient ability to get in-person consultations and examinations with health care providers, how does one go about obtaining a medical marijuana patient certification?

New Massachusetts Medical and Adult Use Marijuana Regulations

By David Ullian, Senior Associate Attorney; Meg Nash, Associate Attorney; Casey Leaver, Compliance Manager
Nov 1, 2019

With the release of the new marijuana regulations in Massachusetts, our attorneys created a list of some of the important amended licensing and operational topics, effective Friday, November 1, 2019.