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South Carolina Cannabis Update: Legislative Developments for Medical Cannabis and Hemp Products

By David M. Ullian
Feb 6, 2024

The South Carolina General Assembly is revisiting medical cannabis legalization in 2024 with the SCCCA. This revised bill would allow qualified patients with doctor recommendations to purchase limited amounts of infused and extracted cannabis products from licensed pharmacies. Additionally, South Carolina may soon regulate hemp-derived cannabinoids like Delta-8 and Delta-10 through a separate bill requiring licensing, testing, and age restrictions. This Insights post explores both initiatives and their potential impact on the state's future cannabis landscape.

Social Equity and Interstate Competition: Maryland Cannabis Regulation Under Scrutiny in Federal Court

By Meg Nash, Bridgette Nikisher
Jan 31, 2024

A recent lawsuit filed against the Maryland Cannabis Administration (MCA) threatens to delay the highly anticipated cannabis business license lottery. The lawsuit alleges that the MCA's social equity licensing program unfairly favors Maryland residents, potentially violating the Dormant Commerce Clause of the U.S. Constitution. This blog post explains the specifics of the lawsuit, its potential impact on the licensing process, and the broader legal questions surrounding residency requirements in cannabis licensing.

Top Five Countries to Watch for International Cannabis Reform in 2024

By Jason Adelstone
Nov 6, 2023

While the cannabis industry in the United States awaits a marijuana scheduling decision from the DEA, many countries around the world continue to move forward with liberalizing their cannabis policies as a superior method of promoting the health and welfare of their citizens. In this blog post, we’ll take a closer look at five countries poised to make waves in the cannabis landscape in 2024, including Germany, Thailand, Colombia, the Czech Republic, and Switzerland.

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.

Cannabis and Hemp Developments in North Carolina

By David M. Ullian, Gabriel Amatruda
Oct 5, 2023

Public support for medical cannabis in North Carolina is quite strong and despite being one of only a few states that have legalized medical or adult use, cannabis is finally making headway in the Tar Heel State. Read this article to learn about recent cannabis and hemp developments in NC, including legislation and the Eastern Band of Cherokee Indians’ vote to legalize adult-use cannabis.

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.

Colorado Marijuana Rulemaking Is Underway

By Genevieve Meehan
Jul 24, 2023

The 2023 rulemaking process will run through the fall and address a wide range of topics, including marijuana cultivation, manufacturing, and testing standards; fee increases; regulatory efficiency; implementation of legislation enacted earlier this year; intoxicating hemp; and hospitality.

Legal Guide to Decriminalized Natural Medicine in Colorado

May 29, 2023

Colorado is the first state to decriminalize natural psychedelics for personal and communal use. This guide contains information on personal use, civil protections, and Colorado's regulated natural medicine access program. Natural psychedelics remain illegal under federal law. Please be conscientious and know the laws.

The Ultimate Guide to SB23-290, Colorado’s Natural Medicine Regulation and Legalization Bill

By Joshua Kappel, Juliana Todeschi, George Winfrey
May 24, 2023

Another key step in bringing natural psychedelic medicine to Colorado was completed this week. Governor Polis signed SB23-290, the Natural Medicine Health Act’s implementation bill. This bill is the most comprehensive piece of legislation ever passed by a state government related to a state-authorized natural psychedelic medicine program. It builds upon the values of the NMHA with a renewed focus on indigenous voices, safety, and regulatory efficiency. The measure goes into effect on July 1, 2023. Read our full analysis of the bill.

Can New York’s Illegal Cannabis Dispensaries Be Stopped? Governor Hochul Proposes a Solution

By Michelle Bodian, Elliot Choi
May 12, 2023

New York City has seen a proliferation of illicit and unregulated cannabis stores since the Marihuana Regulation & Taxation Act was signed into law on March 31, 2021. To date, enforcement efforts have been limited; however, that could all change with the passage of the Governor’s 2024 budget. Read this article to learn key aspects of the budget provisions concerning the illicit cannabis market.

Revised New York Adult-Use Cannabis Regulations: What You Need to Know

By Michelle Bodian, Elliot Choi, Brandon Kurtzman, Charles Alovisetti
May 11, 2023

On May 11, 2023, New York’s Cannabis Control Board voted to approve the revised adult-use cannabis regulations. The Office of Cannabis Management (OCM) has indicated adult-use cannabis applications will open up in the fall, meaning these revised regulations will function as our roadmap. This article outlines key changes in the revised regulations.

DEA Proposes to Reschedule Hemp-Derived Cannabinoids

By Michelle Bodian, Shawn Hauser, Shane Pennington
May 11, 2023

At a DEA supply chain conference last week, Terrance Boos, Section Chief, Drug and Chemical Evaluation Section, stated that the DEA will be releasing a rule to reschedule certain hemp-derived cannabinoids.

What You Need to Know About SB23-290, Colorado’s Natural Medicine Health Act Implementation Bill

By Genevieve Meehan and Sara Simons
May 3, 2023

Since its introduction on April 18, SB23-290, the implementation bill for the Natural Medicine Health Act (NMHA), made its way through the Colorado Legislature and now awaits the governor's signature. Although the bill started off with a couple of policy positions that were antithetical to the voter-initiated act, after a series of amendments and a lot of work by Colorado activists and lawyers, it seems clear SB23-290 builds off the intent of the NMHA to create a natural psychedelic ecosystem in Colorado based in equity and safety. Read this Vicente Insights post for key aspects of the bill.

Colorado Psychedelics Update: State House of Representatives Passes Natural Medicine Health Act Implementation Bill SB23-290 with Amendments

By Joshua Kappel
May 1, 2023

Since its introduction on April 18, SB23-290, the implementation bill for the Natural Medicine Health Act (NMHA), made its way through the Colorado House and has now passed with amendments that have generally brought this bill even closer to the original intent of Prop 122! Read this Vicente Insights post for the latest updates and next steps for the bill.    

Key Takeaways from Maryland’s Adult-Use Cannabis Implementation Bills Awaiting Governor Moore's Signature

By Sahar Ayinehsazian, Sam Kovach-Orr
Apr 26, 2023

Maryland's adult-use cannabis implementation bills are currently awaiting Governor Wes Moore's signature after the House Economic Matters Committee and the Senate Finance Committee collaborated to create alignment between the two pending bills, HB556 and SB516. Read this article for key takeaways, including who will oversee cannabis regulation, revised definitions and limits, and important changes to licensing.

Colorado Psychedelics Update: Natural Medicine Health Act Implementation Bill SB23-290 Engrossed, Reengrossed, and Heading to the House

By Joshua Kappel, Juliana Todeschi
Apr 25, 2023

Since its introduction on April 18, SB23-290, the implementation bill for the Natural Medicine Health Act (NMHA), has gone through the Colorado Senate Finance and Appropriations Committees and several amendments have been made. The reengrossed version of the now 91-page bill heads to the state House with a new sponsor, Representative Judy Amabile. Read this Vicente Insights post for the latest updates and next steps for the bill.    

Cannabis License Types and Timelines in Maryland Adult-Use Regulation Bill Awaiting Governor's Signature

By Jen Flanagan, Meg Nash, Sam Kovach-Orr
Apr 12, 2023

Roughly two months after the introduction of cross-filed bills relating to regulating adult-use cannabis in Maryland, HB556 and SB516, the General Assembly passed a final version of the bill and sent it to Gov. Wes Moore for his signature. Read this article for highlighted proposed provisions affecting current and future licenses, including license types and timelines.

Oregon Psilocybin Services Releases New Proposed Rules and Public Comment Period

By Yolanda Clarke, Jamie Greenwood
Nov 16, 2022

In another exciting step towards implementing psilocybin services, the Oregon Psilocybin Services Section issued updated proposed rules under the Oregon Psilocybin Services Act this month, making significant changes to the previous iteration. Make your voices heard! The public comment period is open through November 21, 2022.

Ocean State Cannabis Update: Municipal Approvals for Adult Use Retail in Rhode Island Provide Ample Opportunity for Interested Applicants

By Jen Flanagan, Sam Kovach-Orr, Meg Nash, Bridgette Nikisher
Nov 16, 2022

Widespread support for allowing cannabis retail sales in Rhode Island municipalities significantly expands opportunities for potential applicants seeking to obtain one of the 24 cannabis retail licenses expected to be available in 2023. Read this article for insight into what to expect next and how to prepare.

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?

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] Cannabis & Psychedelics On the Ballot

Nov 1, 2022

The November 2022 ballot has those interested in cannabis and psychedelic policy reform on their toes. From supporting adult-use cannabis initiatives in Arkansas, Missouri, North Dakota, South Dakota, and Maryland, to potential psychedelic reform in Colorado, there is plenty of excitement!

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. 

Colorado Prop 122: A Transformative Measure Grounded in Equity and Healing

By Joshua Kappel and Tucker Wentz
Oct 11, 2022

Vicente Sederberg LLP is proud to stand with Natural Medicine Colorado and support Proposition 122. This measure not only provides safe access to natural psychedelic medicines, but does so in a way that is grounded in equity and conscious capitalism while also protecting legacy communities and existing medicine keepers.

The Natural Medicine Health Act of 2022: A Measure to Access Psychedelic Medicine in Colorado

By Colleen Mitchell, Yolanda Clarke
Oct 10, 2022

Prop 122 would create a regulated system for adults aged 21 and older to access natural psychedelic medicine, such as psilocybin, in a supervised setting to treat various mental health conditions. It would also allow for the cultivation, possession, personal use, and gifting of psychedelic medicine for adults aged 21 and older. Read this for an overview of the proposition’s key components.

New York Conditional Adult-use Cannabis Retail Dispensary Regulations Will Fast-track Licensing and Prioritize Justice Involved Individuals

By Michelle Bodian, Jennifer Cabrera, Bridgette Nikisher
Aug 16, 2022

On August 12, 2022, New York state announced the application window for Conditional Adult-Use Retail Dispensary Licenses (CAURD), which will be the first batch of adult-use retail licenses released in New York. CAURD applications will be available starting August 25, 2022 and close on September 26, 2022.

Highlights from New Jersey’s 2022 Proposed New Cannabis Rules

By Jennifer Cabrera, Kate Monroe, Bridgette Nikisher, Steve Pemberton
Aug 2, 2022

New Jersey's CRC released proposed cannabis regulations that implement the CREAM Act and include rules for wholesalers, distributors, and delivery services, and include a new restriction on license ownership among family members. Read this article for highlights and reach out to our NJ team for a copy of the full summary.

[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.

Mississippi Legalizes Medical Cannabis: Key Takeaways from the MMCA

By Sally Kent Peebles
Feb 3, 2022

The Mississippi Medical Cannabis Act (MMCA) is poised to achieve what no other southern state has yet to accomplish—the development of a refreshingly non-competitive licensed program that should allow for greater patient access and lower barriers to entry for those interested in participating in this exciting industry.

Cannabis State Regulatory Agencies

By Jennifer Cabrera, Jen Flanagan
Jan 29, 2022

This LexisNexis practice note offers a greater understanding of the varied processes that impact the legalization of cannabis at the state level and discusses how evolving state statutes and regulatory structures impact the adult-use cannabis industry.

10 Updates on New York’s Cannabis Market

By Charles Alovisetti, Michelle Bodian, Brandon Kurtzman
Jan 18, 2022

While we still don’t have draft or final cannabis regulations, applications, or a definitive timetable, plenty of new information has come out since legalization. Read this article for ten key updates about New York’s market in the past year.

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!

Cannabis Entrepreneurship Academy

May 4, 2021

Colorado Law Executive Education and CU Leeds School of Business are offering an online Cannabis Entrepreneurship Academy on Fridays during June 2021. The academy will tackle many cannabis business issues, including leadership, financing, regulations, markets, and more!

Coronavirus and Cannabis: Colorado Regulatory Updates

By Charles Alovisetti, Corey Cox, Justin Johnson, Andrew Livingston, Jessica Scardina, Jordan Wellington, Catie Wightman
Jan 11, 2021

Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on cannabis businesses, service providers, and consumers in Colorado.

The Impact of COVID-19 on the Cannabis Industry

By Charles Alovisetti, Sahar Ayinehsazian, Andrea Golan
Nov 5, 2020

The coronavirus and efforts to contain it have led to changes in the regulatory landscape and consumer behavior that are likely to shape the cannabis industry moving forward. In spite of COVID-19, or perhaps because of it, the cannabis industry is thriving, and will continue to do so as long as demand remains strong and operators adhere to the rules and regulations designed to keep consumers and employees safe.

Cannabis in the 2020 Election: All Eyes on the U.S. Senate

By Steve Fox
Oct 26, 2020

This November 3, in addition to presidential and congressional elections that will have a major impact, five states have ballot measures that will legalize marijuana in some form. This post takes a look at cannabis legalization on the federal level.

US Cannabis and International Treaties

By Amber Lengacher, Elliot Choi
Jun 15, 2020

While often overlooked, the Single Convention has important implications on cannabis reform, including purportedly requiring the US to maintain cannabis on Schedule I of the CSA.

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?

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?

Getting to the Root of the Problem: The 0.3% THC Hemp Standard

By Shawn Hauser, Partner
Feb 27, 2020

The beginning of federally regulated hemp has been marred by industry-wide concerns about an overly restrictive federal program, and what may come from the USDA review of more than 4,600 comments to its interim final rule governing U.S. hemp production.

Weed Wonks Episode 10 - Oklahoma! With Dwight Clark

Feb 19, 2020

VS political analyst, technical writer, and former Oklahoman, Dwight Clark, sat down with the Weed Wonks to discuss the current nature of cannabis in Oklahoma, how its MMJ legalization drastically differed other states, and how their regulatory rollout of MMJ could shape other state's legalization efforts going forward.