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.

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.

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.

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.

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.

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.

[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.

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.

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.

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.

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?

Prop 65 Warning Requirements for Cannabis, THC and CBD

By Andrea A. Golan
Apr 13, 2020

In early 2020, California’s Office of Environmental Health Hazard Assessment added Δ9 THC and marijuana smoke to the Proposition 65 list of chemicals known as reproductive toxins. What does this mean for cannabis businesses?

California and the Gig Economy: The Fight Over AB-5

By David Kramer, Senior Associate
Mar 3, 2020

California employers beware: as of January 1, 2020, it is increasingly likely that any person who performs services for your company will be classified as an employee. The reason for this seismic shift is Assembly Bill 5 (AB-5).

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.

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.