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.
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.
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, 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?
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.
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.
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 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.
Mar 4, 2022
VS counsel Shane Pennington is joining Dr. Sue Sisley and attorney Matt Zorn on Tuesday, March 15 at 10 a.m. CT for the SXSW session "Sue 'n the DEA: Breaking the 50-year NIDA Monopoly."
By Shane Pennington
Sep 13, 2021
Texas has allowed hemp cultivation and state-based manufacturing, distribution, and retail sale of hemp and consumable hemp products since 2019—but only if the products weren’t intended for smoking. This prohibition on a product with such high value for hemp farmers—and soaring consumer demand—was sure to make waves.
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 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?
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.
By Dwight Clark, Shawn Hauser, Jerrico Perez
May 18, 2021
Championing medical cannabis legislation would likely help Republican lawmakers attract younger supporters, appeal to more unaffiliated voters, and remain competitive.
Apr 23, 2021
Shawn Hauser and Jerrico Perez are slated to moderate two can't-miss discussions with Beto O'Rourke and Joe Jaworski on April 27 and 28 during Willie Nelson's first annual Luck Summit.
By Shawn Hauser
Mar 23, 2021
While we move closer to federal legalization, the great state of Texas remains an untapped major market—ripe for reform, but hard to move. Read this for opportunities to help bring about more responsible cannabis policies in the Lone Star State.
Mar 1, 2021
On March 6, 2021, Andrew Livingston will participate in the virtual event "Economics of a Regulated Cannabis Market," presented by the nonprofit cannabis advocacy organization Foundation for an Informed Texas.
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 Andrew Livingston, Shawn Hauser, Dwight Clark, Mason Tvert
Oct 21, 2020
Texas could see more than half a billion dollars in annual tax revenue and tens of thousands of new jobs if it legalizes cannabis, a VS analysis finds.
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 Shawn Hauser
May 19, 2020
With its incredible farming communities, over 100 million acres of farmland, and large manufacturing and research infrastructure, Texas is poised to play a significant role in the U.S. hemp industry.
Apr 20, 2020
Shawn Hauser and Dwight Clark talked about SBA loans for cannabis businesses and political advocacy during Texas NORML's 420 Stream-A-Thon.
Apr 17, 2020
Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on hemp businesses, service providers, and consumers.
Mar 18, 2020
Vicente Sederberg LLP partner Shawn Hauser participated in Texas NORML's "State of Cannabis 2020." Watch it here!
Mar 12, 2020
Vicente Sederberg LLP has been working hard for many years to shape cannabis policy reform in Texas... and now we're pleased to announce that we've opened an office in Austin!
By Shawn Hauser, Partner; Courtney Barnes, Associate Attorney; Caitlin Wightman, Law Clerk
Jul 30, 2019
Here are five reasons why Texas is positioned to become one of the top hemp producers and researchers in the US, and potentially internationally.