Archive

[Webinar] Bringing Your Cannabis Brand to New York

Nov 14, 2024

If you're exploring an expansion into the Empire State, now is the time to make moves. But before you jump in, many corporate and regulatory factors must be considered, including navigating complicated regulations and structuring compliant agreements. During this on-demand session, Vicente attorneys and special guests from Wyld and Eaton Botanicals discuss New York cannabis regulations and how major brands are getting into the country's largest new cannabis market.

Hemp-Derived THC Products in California: Overview of U.S. Hemp Roundtable et al. v. California Department of Public Health et al.

By Juliana Todeschi and Shawn Hauser
Oct 24, 2024

In late September, several hemp industry businesses and the U.S. Hemp Roundtable trade group filed a lawsuit against the California Department of Public Health to overturn the new California emergency regulations banning hemp-derived products containing any “detectable” amount of THC. Learn more about the emergency regulations and the lawsuit affecting the future of hemp-derived THC products in California.

New Jersey Passes Law to Regulate ‘Intoxicating Hemp Products’

By Sarah Grande, Andrea Golan, Shawn Hauser
Sep 23, 2024

New Jersey is the latest state to regulate “intoxicating hemp products,” with an immediate ban on the sale of products with any detectable amount of THC to individuals under 21 years of age and only allows such products to be sold in state-licensed cannabis businesses. The new law will permit liquor stores licensed by the Cannabis Regulatory Commission to sell intoxicating hemp beverages once those regulations are adopted.

Ongoing Delta-8 THC Legal Battle Moves to the Texas Supreme Court

By Daniel Molina
Sep 16, 2024

The Delta-8 THC battle in Texas continues, with the arena now moving to the Texas Supreme Court. On August 21, 2024, the Texas Department of State Health Services filed an opening brief with the Texas Supreme Court in the case Texas Department of State Health Services v. Sky Marketing Corp. as part of an ongoing effort to ban D8 in Texas, a battle the agency has been waging since 2021.

DEA Conducts Joint Raid in Texas on Vape Shops Selling High-THC Products

By Daniel Molina, Jason Adelstone
Sep 12, 2024

In August 2024, nine Texas vape shops were shut down after allegedly selling products over the legal THC limit set by state and federal law. Various interpretations of the 2018 Farm Bill and whether cannabinoids such as Delta-8 and THCA qualify as hemp have left a gray area in the legality of hemp-based products. This Insights post explores the THC thresholds of the products seized during the Texas raid and the DEA’s unclear position on synthetic THC and the definition of hemp.

More Green in the Green Mountain State: Cannabis Statutory Changes and New Cultivator Licensing Opportunity in Vermont

By David Ullian, Antonella Velaoras
Jul 18, 2024

Last month, H.612 - An Act Relating to Miscellaneous Cannabis Amendments became law, making a variety of changes to Vermont’s cannabis laws that will have significant implications for the state’s medical and adult-use cannabis industry - particularly for licensed retailers, cultivators, medical patients, and social equity businesses. Read this Insights article to learn about key changes, a new cultivator licensing opportunity, and the impact on the state’s cannabis industry.

Connect with Vicente LLP at the Hemp Beverage Conference and Festival in Minneapolis!

Jun 3, 2024

Join Vicente LLP in Minneapolis, Minnesota on June 7-8 for the inaugural Hemp Beverage Conference and Festival, hosted by the Hemp Beverage Alliance! Partner Michelle Bodian will participate in a panel offering state updates on hemp regulations, the farm bill and more at the conference. The festival will be held the following day, and Vicente attorneys Jason Tarasek and Michelle Bodian will attend. Schedule a meeting with us!

Key Takeaways for the Hemp Industry from the House's Draft Text for 2023 Farm Bill and DEA's Proposed Rules to Reschedule Marijuana

By Michelle Bodian
May 17, 2024

This was a big week for hemp (as well as marijuana)! The proposed rules to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) were released and will be officially published in the federal register on May 21, 2024. Some of the language is relevant to hemp and hemp products. Additionally, the U.S. House of Representatives released draft text for the 2023 Farm Bill. Read this insight for key takeaways.

On the Horizon for Hemp: Pending State Regulatory Revisions and Open Comment Periods

By Casey Leaver
May 13, 2024

In the wake of changing laws and mandates for state agencies to regulate certain components of hemp licensing and production, there are a few states on the move with rules and regulations available for review or anticipated shortly. Read this insight about Kentucky’s new emergency rules, Rhode Island’s proposed definition of “consumable,” locality control over smokable hemp sales in Virginia, and more.

[Webinar] Licensing Opportunities in Kentucky: Medical Cannabis and Hemp

Apr 30, 2024

Are you an entrepreneur or current hemp business interested in entering Kentucky's upcoming medical cannabis market or current hemp market? Watch this recorded session to receive the valuable information you need to get started. Vicente’s cannabis and hemp attorneys will dive into Kentucky’s medical cannabis and adult-use cannabinoid programs, discuss the markets and licensing opportunities, and offer best practices to help you reach your business goals in this new market.

Texas Consumable Hemp Program Rules Are Under Review

By Daniel Molina, Shawn Hauser
Apr 9, 2024

Every four years, Texas agencies must review adopted rules and that time has come for the Lone Star State's Consumable Hemp Program. As businesses and consumers navigate the Texas hemp market, it's important to understand the rules, rulemaking process, and impending deadlines. If you participate in Texas' booming hemp market, now is the time to make your voices heard as the comment period for this rule review is open through April 22, 2024.

Florida Hemp Industry Breaking News: Legislature Passes Bill Tightening Restrictions on Hemp-Derived Products

By Sally Kent Peebles
Mar 7, 2024

The Florida legislature has passed a bill, SB 1698, that will limit the amount of THC allowed in hemp-derived products and ban the sale of products containing certain substances like delta-8 THC. This comes amid a trend of stricter hemp regulations across the US. This Insights post summarizes the key points of the new Florida law and highlights the challenges faced by the hemp industry due to evolving regulations.

[Webinar] Identifying International Cannabis Opportunities in Europe

Oct 26, 2023

This recorded session features members of Vicente LLP’s Federal and International Law and Policy practice group and London cannabis attorney Robert Jappie of Fieldfisher sharing insights into what’s happening with cannabis and hemp-derived cannabinoids across the pond and opportunities for US operators and investors.

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.

[Vicente LLP Event] Minnesota Hemp & Cannabis Seminar

Sep 18, 2023

Join the Vicente LLP team in Minneapolis for another can’t-miss hemp and cannabis legal and business seminar on October 19, 2023. The event will feature Vicente LLP hemp and cannabis business attorneys Michelle Bodian, Travis Copenhaver, Jeremy Shaw and Jason Tarasek, along with special guests Sen. Lindsey Port and cannabis accountant Angela L’Esperance of Ms. Jane Accounting.

Where Does the Texas Hemp Industry Go After the 2023 Legislative Session?

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.

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.

Minnesota Cannabis Legalization Bill Amended to Lessen Potential Impact on Breweries Manufacturing THC Beverages

By Krissy Atterholt, Jason Tarasek
Mar 22, 2023

Microbreweries and cideries have become Minnesota THC beverage market leaders in the wake of 2022's hemp-derived THC product bill. The current cannabis legalization bill would have made things difficult for these producers, but it was recently amended so that lower-potency hemp edibles manufacturers could produce lower-potency hemp edibles at the same facility where food (such as beer or cider) is manufactured.

Lessons Learned from the Regulation of CBD Products in the United Kingdom

By Shawn Hauser, Catie Wightman, Ariane Beckman
Sep 20, 2022

Like the US, regulators in the UK are struggling to find ways to best regulate CBD and other hemp-derived products—frustrating hemp businesses across the globe. Read this VS Insights article to learn how the UK is currently regulating CBD and key findings and recommendations from the ACMD's Consumer CBD Products Report.

Is CBD Safe? Health Canada Report Weighs In

By Ariane Beckman, David Kramer
Aug 23, 2022

Health Canada recently released a report titled, “Review of cannabidiol: Report of the Science Advisory Committee on Health Products Containing Cannabis.” Learn about the findings in this VS Insights article.

Vicente Sederberg Contributes to APPG for CBD Products' Business Plan to Future-Proof UK Cannabis Industry

Jul 28, 2022

The All-Party Parliamentary Group (APPG) for CBD Products recently delivered "A Plan for a Legal and Regulated UK Hemp and Cannabis Sector" to the UK Government. Shawn Hauser and Andrew Livingston contributed to the business plan, which offers an industry analysis and series of recommendations to create a well-regulated, multi-faceted and competitive UK cannabis industry.

Hemp States to Watch 2022: Louisiana

By Andrea Golan and Ariane Beckman
Jul 25, 2022

Continuing to keep a close eye on key states to watch in 2022, this article focuses on recent hemp- and cannabinoid-related legislation in Louisiana: Act No. 498. To create a thriving hemp market in Louisiana, we believe legislators should clarify the Act’s language before the deadline.

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.

[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.

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.

The Battle to Allow Smokable Hemp in Texas

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.

New Hemp CBD Laws, Regulations, and Policies: June 2021 Update

By Caitlin Wightman, Michelle Bodian, Jace Pohlman
Jun 15, 2021

Over the first half of 2021, many states passed laws, implemented, or proposed new regulations regarding hemp cultivation, processing, and CBD products. These changes range from updates to testing, labeling, and packaging requirements, to adjustments in license requirements and limits on the types of hemp-derived products that can be sold. 

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!

5 Things You Need to Know Before Entering the Cannabis Industry

By Brian Vicente
Apr 19, 2021

The cannabis industry is complex. Prospective cannabis business owners and other service providers interested in working with cannabis businesses are wise to take a step back and assess what it really takes to not only enter the cannabis industry, but to succeed in it.

Memo to the INCB

By Vicente Sederberg LLP
Dec 1, 2020

Read the memo VS delivered to the International Narcotics Control Board, which contests current international controls of CBD preparations and discusses the potential impacts of reform.

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?

What’s Next for Texas Hemp?

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.

Florida is Ready for the Hemp Industry

By Sally Kent Peebles, Caitlin Wightman
Apr 30, 2020

The hemp industry has arrived in Florida! After much anticipation, Florida farmers and hemp enthusiasts will finally be able to grow hemp right here in the Sunshine State.

[Webinar] Hemp Game Changers

Apr 17, 2020

This virtual session, originally planned for SXSW 2020, features representatives from Vicente Sederberg, Canopy Growth Corporation, and Willie's Remedy discussing the future of the industry, its challenges, the environment, and more.

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.

New Law Regulates Hemp and Hemp Extracts in New York

By Jennifer Cabrera, Counsel; David Kramer, Senior Associate; Michelle Bodian, Senior Associate
Dec 19, 2019

A summary of New York's newly signed hemp law, one of the most comprehensive state laws regulating the cultivation, manufacture, and sale of hemp and hemp extracts.

Can Hemp Companies Declare Bankruptcy?

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.

How to Sell Hemp Food Products Without Breaking the Law

By Charles S. Alovisetti, Partner
Sep 19, 2019

Despite news headlines saying that hemp is federally legal, many hemp-derived food products and supplements currently sold in the US are in violation of federal law. But some hemp food products can actually be sold in complete compliance with US Federal law. How so?

Reflections on the 2018 Farm Bill

By Michelle Bodian, Senior Associate Attorney and Caitlin Wightman, Law Clerk
Jul 17, 2019

Since the passage of the 2018 Farm Bill on December 20, 2018, much has changed in the world of hemp. Here's a recap of major hemp-related developments.