Vicente LLP Federal and International Cannabis and Psychedelics Law and Policy Update: November 2023
Nov 10, 2023
Federal and international law and policy insights, news and events from Vicente LLP.
Archive
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.
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] Opportunities in the Functional Mushroom Industry
Jul 12, 2023
Mushrooms are having a moment! Watch this session to learn about current and future business opportunities in the growing world of adaptogenic and functional mushrooms.
[Webinar] Asset-Light Strategies to Boost Cannabis Business Growth
Apr 27, 2023
Attend this Vicente LLP session to learn about how asset-light business models can help expand your business and bring products to market faster and with less capital.
Functional Mushrooms: The Difference Between Regulation as a Food, Food Additive, or Dietary Supplement
By Charles Alovisetti, Sahar Ayinehsazian
Mar 3, 2023
Given the wide variety of available functional/adaptogenic mushroom product forms, producers and consumers should be aware of the significant differences in regulations for food, food additives, and dietary supplements.
Cannabis Crossing State Lines: California Dept. of Cannabis Control Pushes for Interstate Commerce
By Cassia Furman, Jason Adelstone
Feb 24, 2023
A bill passed in 2022 authorized California to enter into agreements with neighboring states allowing for interstate transfers between cannabis licensees, so long as the cannabis products don’t pass through a non-legal state. Could this be implemented? What are the risks?
CBD Products Liability Lawsuits Could Be Revived After FDA Declines to Regulate Cannabidiol
By Catie Wightman
Feb 13, 2023
In recent years, several CBD companies faced product liability lawsuits brought by consumers. Many of these cases were dismissed without prejudice or stayed until the FDA takes action to regulate CBD products. Now that the FDA said it will not take action to regulate CBD, could these cases be revived?
[Webinar] FDA Punts CBD Regulation: What Does that Mean for Hemp Businesses?
Feb 9, 2023
The FDA decided not to regulate CBD, denied three citizen petitions requesting CBD rulemaking or other FDA action, and announced it is now up to Congress to step in. Watch this webinar and learn what this means for your hemp-derived cannabinoids business.
5 Things to Know About New California Cannabis Packaging and Labeling Regulations, Inhalable Products, and Recycling Claims in 2023 and Beyond
By Andrea Golan
Jan 25, 2023
At the end of 2022 and the beginning of 2023, several notable changes in California cannabis law took effect. In this article, we compiled five key regulatory changes impacting cannabis packaging and labeling, recyclability claims, and inhalable cannabis products.
High-THC Hemp Edibles Are Dangerous and Potentially Deadly: A Cautionary Tale in Minnesota
By Andrea Golan
Jan 6, 2023
Minnesota hemp companies are being sued by the Minnesota Board of Pharmacy for selling high-THC hemp-derived edibles that allegedly contained 100 milligrams of hemp-derived THC per gummy bear and were intentionally marketed in a manner that is appealing to children. What standards may lower consumer safety risks for these products?
Habeeb Syed to Discuss Legal Considerations in Cryptocurrency at 2022 IDEAS Global A.I. Conference
Dec 7, 2022
Join Habeeb Syed on December 16 for a panel titled, "Legal Considerations for Launching Your Blockchain, NFT, or Crypto Project," at the IDEAS Global A.I. Conference.
Recent FDA Enforcement Letters Signal Increased FDA Scrutiny of Hemp Products
By Catie Wightman, Michelle Bodian
Nov 30, 2022
On November 21, 2022, the FDA issued five warning letters to companies selling CBD, Delta-8, and other hemp products for humans and pets.
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?
[Webinar] California Cannabis Regulatory Update
Nov 9, 2022
Watch this recorded session to learn about California's latest cannabis rule changes and how to comply.
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.
President Biden's Cannabis Scheduling Directive Is a Game Changer
By Shane Pennington
Oct 21, 2022
President Biden’s scheduling directive is enormously important. In fact, if permitted to run its course, it could revolutionize federal drug control law to a far greater degree than any of the many pending cannabis legalization bills.
California Expands Proposition 65 Warning Language for Exposure to Cannabis Smoke and Delta-9 THC
By Andrea Golan
Aug 22, 2022
California OEHHA adopted new regulations which include new non-mandatory Proposition 65 warning language for products that can expose consumers to cannabis smoke or delta-9-THC.
Best Lawyers® Recognizes 14 Attorneys From Vicente Sederberg LLP for Work in Cannabis Law, Corporate Law, and Additional Practice Areas
Aug 19, 2022
VS is pleased to announce that 14 attorneys from national cannabis law firm Vicente Sederberg LLP (VS) were recognized this week by Best Lawyers, the oldest and most respected peer-review publication in the legal profession.
FDA Enforcement Continues Against Companies Making CBD Product Claims
By Catie Wightman, Ariane Beckman
Aug 11, 2022
The FDA is cracking down on companies making unlawful drug or disease claims about their products relating to CBD by recently issuing several warning letters to address these compliance violations.
Vicente Sederberg LLP Hemp Update: July 2022
Jul 28, 2022
Update on hemp-related legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.
Gov. Newsom’s Budget Trailer Bill Makes Significant Reforms to California Cannabis Laws, Including Elimination of the Cannabis Cultivation Tax
By Andrea Golan
Jul 11, 2022
California cannabis cultivation tax was eliminated, along with additional significant reforms to Golden State cannabis laws. Read this article for noteworthy changes from Gov. Newsom's recently-signed budget trailer bill.
Vicente Sederberg Receives Top Ranking from Chambers and Partners for Fourth Straight Year
Jul 6, 2022
VS is excited to announce that the prestigious international legal directory Chambers & Partners awarded VS with the 'Cannabis Law Firm of the Year' award once again, extended VS a Band 1 ranking for the fourth straight year, and recognized five VS attorneys as top cannabis lawyers.
California Publishes IHEO and Registration Applications for Hemp Product Manufacturers
By Andrea Golan
Jul 6, 2022
CDPH published Industrial Hemp Enrollment and Oversight Authorization and registration for each hemp product type.
[Webinar] Intoxicating Cannabinoids: The Science and the Law
May 17, 2022
Watch this VS live session for a timely discussion exploring intoxicating hemp-derived products.
California AB-45 Update! CDPH Publishes Proposed Emergency Regulations and FAQ Update for Hemp Manufacturers
By Andrea Golan
May 6, 2022
CDPH published proposed emergency regulations detailing the registration requirements and annual fees for manufacturers of hemp extract and hemp products. CDPH is accepting public comments through May 31, 2022.
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.
Cassia Furman Slated to Present at PLI's Cannabis Business Fundamentals 2022 Event
Apr 8, 2022
Cassia will join the panel "The Current Legal Cannabis Landscape: An Overview and Comparative Study" on April 12 at 9:15 a.m.
Genevieve Meehan to Moderate Cannabis Packaging Regulations Session at CannPack 2022
Apr 8, 2022
Don't miss the panel next week at the Cannabis Packaging Conference (CannPack) in Anaheim, California.
Vicente Sederberg LLP Hemp Update: April 2022
Apr 4, 2022
Update on hemp-related legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.
FDA Warns CBD Companies Making COVID-19 Claims: 7 Key Takeaways from the Latest CBD Product Warning Letters
By Michelle Bodian, Jace Pohlman
Mar 30, 2022
The FDA and FTC are working together to target fraudulent COVID-19 claims made by CBD companies. Seven CBD product companies received warning letters. Read this article for a look into what to do—or not do—to avoid a warning.
California Department of Cannabis Control Releases New Proposed Regulations Today
By Andrea Golan
Mar 4, 2022
DCC unveiled its proposed changes to the cannabis regulations in a public meeting on March 3, 2022. The proposed rules are expected to be published today. VS will analyze the full text once the proposed regulations are released—so stay tuned for further updates.
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 Resolutions for Your California Cannabis Business
By Genevieve Meehan, Emily Hackman, Andrea Golan, Amanda Kilroe
Jan 14, 2022
Our team compiled a list of five resolutions to ensure your California cannabis business is focused on operational compliance for years to come.
Join VS at NCIA's Cannabis Business Summit and CannaVest West Investor Forum
Nov 19, 2021
VS attorneys Charlie Alovisetti, Sahar Ayinehsazian, and Marc Ross are slated to present at the event in San Francisco, December 16-17, 2021. Be our guest! Use discount code SBrody100 for a complimentary pass to the forum and expo.
Charles Alovisetti and Amanda Kilroe Interviewed for Columbia Law Alumni Cannabis Article
Oct 11, 2021
The spread of legalization means a growing practice area for law firms. Two VS Columbia Law alumni were interviewed in this article.
Cassia Furman to Join LACBA to Review New California Dept. of Cannabis Control Regulations
Oct 11, 2021
VS partner Cassia Furman will join the LA County Bar Association on October 14, 2021 to review the adopted rules and critically engage with the new regulatory landscape.
California Department of Cannabis Control Files Emergency Rules
By Cassia Furman, Andrea Golan, Genevieve Meehan
Oct 7, 2021
DCC filed emergency rules for cannabis operators. Read this VS Insight for the need-to-know changes and information on submitting a public comment.
California Now Permits the Manufacture and Retail Sale of Hemp-Derived Products — Including CBD
By Andrea Golan, David Kramer
Oct 6, 2021
California AB-45 was signed into law by Governor Newsom, finally putting the California Department of Public Health’s infamous July 2018 FAQ in the rearview mirror—meaning foods, beverages, dietary supplements, pet products, and cosmetics containing CBD can be sold under California state law!
VS is Headed to Las Vegas for the Biggest Cannabis Event of the Year — MJBizCon!
Oct 5, 2021
We look forward to seeing our colleagues, clients, and friends at MJBizCon in Las Vegas, October 19-22!
The End of an Era: California Cannabis Provisional Licensing, a New State Regime, and CEQA
By Emily Hackman
Sep 9, 2021
In the first post of a three-part series focused on California cannabis, we will highlight the impact of the 2021 Budget Trailer Bill and the upcoming end of provisional licensing on California cannabis operators, as well as strategies to reduce delays in new license issuance and annual license transitions.
SXSW 2022 Panelpicker is Open! Vote for 'Sue 'n the DEA: Breaking the 50-Year NIDA Monopoly'
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!
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!
What is the FDA saying about Full Spectrum Hemp? Key Takeaways from Rejections of NDINs
By Shawn Hauser
Aug 25, 2021
Recent NDIN notification objections from the FDA give us more insight into the agency's factors differentiating "full spectrum" hemp from CBD.
Andrea Golan Featured in INCBA CLE: Hemp 201 — FDA and the Marketing of CBD Products
Aug 11, 2021
With a new Administration and Congress, changes in personnel at FDA, and new safety data being published, is 2021 the year when CBD will come out from under the FDA shadows to be legally marketed in all 50 states?
'Planted' With Sara Payan Cannabis Podcast Features Jeffrey Welsh in Episode 33
Aug 2, 2021
VS partner Jeffrey Welsh recently sat down with host Sara Payan for a conversation about cannabis policy across the U.S., the intersection of entertainment and cannabis, and his music.
California Trailer Bill Update: Impact on Cannabis Businesses
Jul 22, 2021
Gov. Newsom signed the Cannabis Trailer Bill on July 12, creating the Department of Cannabis Control. Read this for an overview of the most significant provisions of the trailer bill impacting the cannabis industry.
Understanding the Shifting Trends of State and Federal CBD Laws and Regulations
By Shawn Hauser
Jul 22, 2021
In this article, we’ll look at the history of CBD regulation in the United States, the trends that are dominating CBD regulation in 2021, and some of the state-specific regulations in the largest states.
Vicente Sederberg Once Again Ranked Top Cannabis Law Firm by Chambers and Partners
Jun 8, 2021
The prestigious international legal directory awarded VS with the 2021 'Cannabis Law - Law Firm of the Year' award, once again extended VS a Band 1 ranking, and recognized two more VS attorneys as top cannabis lawyers.
[Webinar] East Coast vs. West Coast Cannabis Licensing
May 5, 2021
Watch as we explore the stark differences and key similarities between east coast and west coast cannabis licensing.
Coronavirus and Cannabis: Monitoring the Impact
Mar 29, 2021
Vicente Sederberg is monitoring local, state, and federal responses to the coronavirus (COVID-19) and how they may impact cannabis businesses, service providers, and consumers.
Proposed Changes to Prop 65 ‘Short-Form’ Warning Option: What Cannabis and Hemp Operators Need to Know
By Andrea Golan
Mar 17, 2021
On January 8, 2021, OEHHA proposed significant changes to its Prop 65 short form warning requirements. Public comments on the proposed changes can be submitted through March 29, 2021.
To Be Blunt Podcast for Cannabis Marketers Interviews Jeffrey Welsh on the State of California Cannabis
Dec 30, 2020
VS partner Jeffrey Welsh discussed the state of cannabis in California with To Be Blunt: The Podcast for Cannabis Marketers.
California Cannabis Update: December 2020
Dec 23, 2020
Updates on proposed reforms, 2021 cannabis and hemp bills, new metrc restrictions, and branded merchandise guidance.
Jeffrey Welsh Featured on University of Hartford 'On the Air' Alumni Podcast
Dec 16, 2020
VS partner Jeffrey Welsh discusses his path from professional saxophonist to cannabis lawyer.
Ten Events That Shaped the California Cannabis Industry
By Christina Sava
Dec 11, 2020
A brief history of cannabis regulation in The Golden State over the last decade.
Navigating The California Cannabis Marketplace with Jeffrey Welsh on Cannabis Radio's Blunt Business Podcast
Dec 7, 2020
In this interview, Jeffrey discusses the California cannabis industry, including the role of entertainers and celebrities in cannabis.
California Court Rules BCC Exceeded Authority by Allowing Advertising Near Highways
By Kelsey Middleton
Dec 2, 2020
A recent ruling determined that the Bureau of Cannabis Control exceeded its rulemaking authority by allowing any advertising to be seen on interstate highways and state highways crossing the California border.
Celebrating 10 Years at the Leading Edge of Cannabis Law
By Vicente Sederberg LLP
Dec 1, 2020
For our 10th anniversary, we take a look back at VS's history of leadership in cannabis law, the marijuana and hemp industries, and drug policy reform.
California BCC Amends Regulations Regarding Owner Conviction History
By Christina Sava, Kelsey Middleton
Nov 24, 2020
California Bureau of Cannabis Control issued proposed amendments in response to AB 2138 that would remove licensure barriers for Californians with past criminal convictions.
Where Did Cannabis Ballot Measures Win in California on Election Day 2020?
By Andrea Golan, Kelsey Middleton
Nov 18, 2020
On Election Day 2020, Californians voted on a remarkable number of cannabis-related ballot measures—39 to be exact. Of those, only six were rejected by voters.
Lit & Lucid Podcast: Creating a Future in Cannabis with Jeffrey Welsh
Nov 13, 2020
VS partner Jeffrey Welsh was recently a guest on the Lit & Lucid podcast. Listen here!
Jeffrey Welsh Discusses Cannabis Business Issues with Thinking Outside the Bud
Nov 2, 2020
Jeffrey Welsh recently chatted with host Bruce Eckfeldt about his work in cannabis and entertainment law, as well as cannabis branding and more.
California Proposition 65 Warning Requirements Effective January 3, 2021
By Andrea Golan
Oct 1, 2020
If you sell products to California consumers that contain delta-9 THC or that can expose individuals to cannabis smoke, those products require a Proposition 65 warning.
Leasing Due Diligence Checklist for California Cannabis Businesses
By Christina Sava
Sep 10, 2020
Attention cannabis business owners! Don't forget to do your due diligence before leasing a space for your operations.
Sahar Ayinehsazian to Discuss Cannabis Banking at DRI Virtual Seminar
Sep 3, 2020
Sahar will present "Curbing Cannabis Cash" at DRI's Cannabis Law Virtual Seminar on September 17, 2020.
Andrea Golan to Present Hemp and CBD MCLE for Alameda County Bar Association
Sep 3, 2020
Andrea will present "What Attorneys Should Know About the Legal Status of Hemp and CBD Products in California and Beyond" on September 15, 2020.
California Cannabis Business Preparedness Resources for Wildfires, Power Outages and Remote Audits
By Genevieve Meehan, Christina Sava
Aug 28, 2020
Helpful resources for California cannabis businesses regarding wildfires, power outages, and remote agency audits due to COVID-19.
Coronavirus and Cannabis: California Regulatory Updates
By Andrea, Golan, Sahar Ayinehsazian, Tim Long, Christina Sava, Kelsey Middleton
Aug 27, 2020
Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on cannabis businesses, service providers, and consumers in California.
Sahar Ayinehsazian Talks Cannabis Banking on Hashtag Finance Podcast with Barrington Miller
Jul 9, 2020
VS attorney Sahar Ayinehsazian discusses cannabis industry banking and the many reasons why there is a demand for cannabis legal advice during the COVID-19 pandemic on CSE's Hashtag Finance podcast.
[Webinar] California Cannabis Packaging and Labeling Compliance
Jul 1, 2020
Learn best practices for California cannabis packaging and labeling, common mistakes to avoid, tips for new product launches, and much more from members of VS's licensing and compliance teams.
Jeffrey Welsh Talks Entertainment and Cannabis on Let's Be Blunt with Montel
Jun 25, 2020
VS partner Jeffrey Welsh talks about normalizing cannabis, social equity in the cannabis industry, CBD, and the effects of COVID-19 in this interview with Montel Williams.
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?
Vicente Sederberg Ranked Top Cannabis Law Firm by Chambers and Partners
Apr 23, 2020
The prestigious international legal directory once again gave VS a Nationwide Band 1 ranking, and this time around it also individually ranked three of the firm's partners.
A Closer Look at California COVID-19 Relief Programs
By Andrea A. Golan and Kelsey Middleton
Apr 22, 2020
Coronavirus and Cannabis: Hemp Industry Updates
Apr 17, 2020
Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on hemp businesses, service providers, and consumers.
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?
[Webinar] Coronavirus and Cannabis: Coast-to-Coast Regulatory Update
Mar 27, 2020
Watch the replay of this timely discussion on coronavirus (COVID-19) regulatory updates affecting the cannabis industry.
Responding to COVID-19: Vicente Sederberg LLP Is Here to Help
Mar 16, 2020
VS is open for business and communicating with regulators to help answer your questions.
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).
VS Attorneys Discuss the Cannabis Industry with Business of Cannabis
Jan 22, 2020
VS attorneys Charles Alovisetti and Sahar Ayinehsazian sat down in Business of Cannabis's Canada's Scene Booth at MJBizCon 2019 to discuss the state of the cannabis industry.
California Provides Tax Relief for Cannabis Businesses
By Tim Long, Counsel
Dec 9, 2019
With the passing of Assembly Bill 37, legal cannabis businesses can now take advantage of more state tax deductions in California.
VS Expands California Operations with Addition of Frontera Law Group Founders
Dec 4, 2019
Vicente Sederberg is thrilled to announce that leading California cannabis business attorneys Luke K. Stanton and Jeffrey D. Welsh have joined the firm as partners!
What’s Happening in the World of California Hemp?
By David Kramer, Associate Attorney
Jun 21, 2019
A number of hemp bills are passing through the California legislature. VS Attorney David Kramer dives deeper into AB-228 and SB-153.