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 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 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.
By Charles Alovisetti
Mar 22, 2023
A new industry is emerging in the United States, and entrepreneurs in the psychedelics space must make critical decisions at the onset of new ventures regarding how to set up and structure their new businesses. Luckily, we have access to another industry with a complex legal framework and a patchwork of different state laws: cannabis. And after forming hundreds of cannabis companies with clients over the past decade, Vicente LLP has lessons to be shared.
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 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 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 20, 2022
Marc Ross recently spoke on the Sustainable Minds: Exploring ESG and Corporate Brand podcast about the importance of ESG management at cannabis companies, his experience in the cannabis industry and more!
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?
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 14, 2022
Marc Ross will be representing VS on a panel at the Business of Cannabis: New York Summit on November 3!
By Marc Ross
Oct 11, 2022
Colorado Prop 122, The Natural Medicine Health Act, requires that licensed entities participating in the Natural Medicine Regulated Access Program must meet specific ESG criteria.
Sep 21, 2022
Environmental, Social and Corporate Governance (ESG) in the law firm setting is critical. Register for the Legal ESG Summit to hear VS’s Head of Impact and ESG Marc Ross moderate a panel on “Building a law firm ESG Culture“ on October 4!
By Marc Ross
Sep 7, 2022
Socially responsible investors and activist board members have been throwing their ESG weight around during the last few proxy seasons at annual shareholder meetings. They demand action on climate change, diverse boards and senior leadership, restrict campaign donations, divestment in specific industries, and request measurement, benchmarking, and reporting of comprehensive ESG impacts.
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 28, 2022
Update on hemp-related legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.
By Marc Ross
Jun 7, 2022
New York's draft cannabis packaging regulations sustainability requirements are definitely a step forward for the industry, but will it be enough? Read this article to learn more about the requirements and gain insight into options for operators.
Jun 1, 2022
In VS's inaugural Impact Report, we reflect on our work over the past year, celebrate our commitment to community, and look forward to a future of positive, meaningful, and measurable impact.
May 17, 2022
Watch this VS live session for a timely discussion exploring intoxicating hemp-derived 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.
Apr 25, 2022
Shawn Hauser, Kim Napoli, Marc Ross and Christian Sederberg will speak on cannabis policy, ESG, and social equity during the virtual Cannalaw Summit on May 3 & 4, 2022.
Apr 21, 2022
Sen. Schumer and Antonio Valdez of the National Hispanic Cannabis Council co-authored a guest column for Univision about how Latinos can benefit from the cannabis economy.
Apr 15, 2022
Kim Napoli was recognized by her peers during the 2022 NECANN Conference Community Awards
Apr 11, 2022
VS is excited to share a series of client stories with the purpose of inspiring the next generation of leaders in the cannabis industry.
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.
Feb 22, 2022
VS is excited to share a series of client stories with the purpose of inspiring the next generation of leaders in the cannabis industry. In honor of Black History Month, we're kicking off the series with Black leaders in cannabis.
Feb 17, 2022
Watch this recorded live session from March 10, 2022. With a focus on issues related to Social Equity Operators and those new to the cannabis industry, panelists address real estate topics from the operator, investor, and legal perspectives.
By Marc Ross
Feb 8, 2022
The cannabis industry has a golden opportunity to lead in creating integrated Corporate Social Responsibility programs that are also net positive.
Jan 25, 2022
Vicente Sederberg LLP Impact & ESG practice leaders recently joined the "How to Launch an Industry" podcast to discuss ESG in the cannabis industry. Listen here!
Dec 27, 2021
Watch this session to learn accounting best practices for cannabis businesses and how to prepare for year-end. With a focus on social equity operators, this session will advise on risk and opportunity related to the financial side of cannabis operations, as well as how to navigate the complexities of 280E.
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.
Nov 9, 2021
The American Bar Association's International Law Section will host its first annual Global Business of Cannabis Conference in Denver, Colorado from November 10-12, 2021. Marc Ross is slated to join the panel "The Environmental Impact of Cannabis Cultivation: Does Legalization Make a Difference?"
Nov 9, 2021
What exactly is the business case for a company going down the ESG path? Marc Ross will join a stellar group of panelists to discuss this and other topics at the Cannabis Sustainability Symposium on November 18, 2021.
Oct 14, 2021
VS counsel and head of impact & ESG, Marc Ross, is slated to speak at the Legal ESG Summit on Tuesday, October 26 at 2:45 p.m. CT.
Sep 22, 2021
Watch this session to learn the basics of environmental laws, regulations that apply to the cannabis industry, and how your cannabis business can mitigate risk against costly enforcement actions by regulatory agencies.
Sep 20, 2021
Kim Napoli was nominated by her peers for two awards at this years' NECANN Conference Community Awards and ultimately voted the Champion of Corporate Responsibility!
Sep 16, 2021
Find Kim Napoli on the Education Village Stage at 3 p.m. Joining Kim are Blake Mensing, Robert Jeffrey, Dick Evans and Jason Ortiz.
By Marc Ross
Sep 14, 2021
Operators in the nascent cannabis industry have a lot to worry about on a daily basis, but compliance with state and federal environmental laws hasn’t been an issue of concern for most. That needs to change immediately.
Sep 2, 2021
Don't miss these ESG, hemp, and compliance-focused panels with the Vicente Sederberg team at NECANN Boston cannabis conference on September 10-11, 2021.
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 20, 2021
VS attorney Michelle Bodian discusses the hemp industry's environmental challenges and opportunities in this on-demand CLE from the INCBA
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 6, 2021
VS partner Jeffrey Welsh recently sat down with Corvain Cooper, chief brand ambassador of social impact cannabis brand 40 Tons, at the Highly Capitalized Studios in Los Angeles.
Jul 27, 2021
VS partner Jeffrey Welsh sat down with Loriel and Anthony Alegrete of social impact cannabis brand 40 Tons at the Highly Capitalized Studios in Los Angeles.
By Jace Pohlman, Law Clerk
Jul 23, 2021
As part of National Hemp Month, we're highlighting beneficial ways to use hemp and hemp products in our daily lives. This post will focus on using hemp in paper and plastic materials.
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.
Jul 6, 2021
Marc Ross spoke with Heather Allman of Cannabis Law Report about what ESG is and why it's important for the cannabis industry.
Jul 2, 2021
Denver marijuana licensees are now required to submit Social Impact Plans as part of license renewals and applications. Watch this session to learn about the new requirements.
By Marc A. Ross
Jun 30, 2021
The growth of Environmental, Social, and Governance (ESG) measurement, benchmarking and reporting has grown by leaps and bounds over the past few years. When will the cannabis industry start to do it?
Jun 15, 2021
Watch this recorded session to meet the new VS Impact & ESG team, learn more about this emerging business priority, and how to start planning and measuring your ESG practice – including Corporate Social Responsibility programs, meaningful Diversity, Equity & Inclusion efforts, environmental sustainability, and community and employee engagement.
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?