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.
Nov 10, 2023
Federal and international law and policy insights, news and events from Vicente LLP.
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.
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.
Jul 13, 2023
Join ACR for a Roundtable Discussion on SAFE banking in the cannabis industry, specifically focusing on the impact on small and minority-owned businesses. The webinar featuring Vicente attorney Elliot Choi will be held on Tuesday, July 25th, from 6:30 - 8 p.m. ET.
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.
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.
Apr 6, 2023
In this episode of Cannabis Minds, Jen Flanagan interviews her colleague Sahar Ayinehsazian who gives valuable advice for cannabis operators and applicants seeking banking services.
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.
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?
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?
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.
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.
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?
Dec 27, 2022
In a CLE on January 12, 2023, Charles Alovisetti will offer advice on the legal and practical issues borrowers and lenders need to consider when documenting and funding a loan transaction secured by cannabis-related real estate
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.
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.
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?
Nov 9, 2022
Watch this recorded session to learn about California's latest cannabis rule changes and how to comply.
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.
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.
Oct 5, 2022
VS partners Charles Alovisetti and FL Gorman will discuss debtor-creditor rights pertaining to cannabis at NYSBA’s virtual CRE program on October 6
By Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian
Sep 29, 2022
Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian write for the Bloomberg Law, reflecting on the challenges and journey of raising private capital in the cannabis industry
Sep 21, 2022
VS partners Sahar Ayinehsazian and Jerrico Perez will be on a LIVE cannabis banking compliance NHCC Legal Committee seminar on September 28!
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.
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.
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.
Jul 29, 2022
Sahar Ayinehsazian will be speaking at the 2022 PBC Conference on September 8, 2022 to discuss financial investing in the cannabis business space
Jul 28, 2022
Update on hemp-related legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.
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.
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.
By Andrea Golan
Jul 6, 2022
CDPH published Industrial Hemp Enrollment and Oversight Authorization and registration for each hemp product type.
May 17, 2022
Watch this VS live session for a timely discussion exploring intoxicating hemp-derived products.
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.
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.
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.
Apr 8, 2022
Don't miss the panel next week at the Cannabis Packaging Conference (CannPack) in Anaheim, California.
Apr 4, 2022
Update on hemp-related legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.
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.
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.
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.
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.
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.
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.
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.
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.
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!
Oct 5, 2021
We look forward to seeing our colleagues, clients, and friends at MJBizCon in Las Vegas, October 19-22!
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.
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!
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!
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.
Aug 18, 2021
VS director of economics and research, Andrew Livingston, joined The Green Rush Live to discuss the Federal CAO Act and more.
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?
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.
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.
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.
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.
By Corey Cox, Caitlin Wightman
May 24, 2021
The Colorado government has enacted several programs aimed at helping businesses and workers adversely impacted by the novel coronavirus (COVID-19).
May 5, 2021
Watch as we explore the stark differences and key similarities between east coast and west coast cannabis licensing.
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.
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.
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.
By Andrea A. Golan, Michelle Bodian
Jan 28, 2021
Cannabis businesses are not eligible for relief under any of the federal COVID-19 aid packages, but members of Congress and industry groups are making significant efforts to include cannabis businesses in federal aid.
Dec 30, 2020
VS partner Jeffrey Welsh discussed the state of cannabis in California with To Be Blunt: The Podcast for Cannabis Marketers.
Dec 23, 2020
Updates on proposed reforms, 2021 cannabis and hemp bills, new metrc restrictions, and branded merchandise guidance.
Dec 16, 2020
VS partner Jeffrey Welsh discusses his path from professional saxophonist to cannabis lawyer.
By Christina Sava
Dec 11, 2020
A brief history of cannabis regulation in The Golden State over the last decade.
Dec 7, 2020
In this interview, Jeffrey discusses the California cannabis industry, including the role of entertainers and celebrities in cannabis.
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.
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.
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.
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.
Nov 13, 2020
VS partner Jeffrey Welsh was recently a guest on the Lit & Lucid podcast. Listen here!
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.
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.
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.
Sep 3, 2020
Sahar will present "Curbing Cannabis Cash" at DRI's Cannabis Law Virtual Seminar on September 17, 2020.
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.
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.
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.
Aug 13, 2020
This session explores the complexity of mergers and acquisitions and how to optimize taxes to free cash flow for your cannabis business.
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.
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.
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.
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?
By Charles Alovisetti, Elliot Choi, Sahar Ayinehsazian, Corey Cox
May 5, 2020
The continuing growth of the cannabis and hemp industries has given rise to the need for specifically tailored due diligence.
By Meg Nash, David Gately
Apr 30, 2020
The Massachusetts government has enacted several programs aimed at helping businesses and workers adversely impacted by the novel coronavirus (COVID-19).
By Andrea A. Golan
Apr 24, 2020
While cannabis businesses are not currently eligible for many federal relief programs established in response to COVID-19, they may be eligible for this form of federal relief.
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.
By Andrea A. Golan and Kelsey Middleton
Apr 22, 2020
Apr 17, 2020
Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on hemp businesses, service providers, and consumers.
By Charles Alovisetti, Phil Silverman, Jason Adelstone
Apr 17, 2020
Bankruptcy law provides advantages for financially distressed companies to restructure debt while continuing to operate. Without access to U.S. Bankruptcy Code protections, marijuana companies must turn to out-of-court restructurings and state law insolvency proceedings.
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?
Mar 27, 2020
Watch the replay of this timely discussion on coronavirus (COVID-19) regulatory updates affecting the cannabis industry.
Mar 16, 2020
VS is open for business and communicating with regulators to help answer your questions.
Mar 6, 2020
Learn about cannabis industry best practices for indirect taxes and 280E by watching this webinar replay with tax firm Ryan LLC and attorney Jordan Wellington.
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).
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.
Dec 13, 2019
Join VS and the tax experts at Ryan LLC for a live discussion on cannabis industry taxation, including 280E and best practices for indirect tax issues in the cannabis industry.
By Sahar Ayinehsazian, Associate Attorney
Dec 12, 2019
On December 3, 2019, a group of federal financial regulators took an important step to enable hemp operators to access banking services by publishing hemp banking guidance.
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.
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!
Oct 29, 2019
Watch Vicente Sederberg LLP attorney Sahar Ayinehsazian and HUB International Insurance Services in this on-demand webinar about investments in the cannabis industry.
By Charles S. Alovisetti, Partner
Oct 7, 2019
In addition to federal securities laws, each state and territory has its own securities laws, often referred to as blue sky laws. Cannabis company compliance with these rules may be more important due to heightened regulatory scrutiny.
By Charles S. Alovisetti, Partner; Phil Silverman, Counsel; Jason Adelstone, Law Clerk
Sep 27, 2019
One of the many issues arising out of the tension between state and federal law in the cannabis industry is whether cannabis companies can access the protections of federal bankruptcy law.
Aug 28, 2019
WeedWeek hosts Alex Halperin and Donnell Alexander recently invited VS attorney Sahar Ayinehsazian to discuss cannabis banking on their weekly podcast.
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.