Archive

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.

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.

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.

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.

[Webinar] Equitable Access & Psychedelics

Apr 13, 2023

Making psychedelic-assisted therapy and training opportunities accessible to historically and systematically oppressed populations is essential to creating a more equitable healthcare model. But how can this be achieved? Watch this webinar for a discussion on equity and psychedelics with professionals from Alchemy Community Therapy Center.

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.

The Duality of Cannabis Regulation According to the International Narcotics Control Board: A Response to the Report of the INCB for 2022

By Jason Adelstone
Mar 15, 2023

In its 2022 report, the International Narcotics Control Board (INCB) argues that legalizing the non-medical and non-scientific use of cannabis has failed to achieve the benefits to society that were intended through such legalization. In its attempt to deliver evidence of this failure, INCB instead provides ample evidence to the contrary—that legalization and regulation work. Read this insight for Vicente LLP’s response to the annual report of the INCB.

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.

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.

5 Years of Legal Cannabis in Massachusetts

By David M. Ullian, Gabriel Amatruda
Nov 8, 2021

Five years in, the Commonwealth has seen the most significant growth in both the number of cannabis businesses and sales, and the market continues to expand and provide new opportunities.

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.

Colorado Cannabis Expungement Clinic

Jun 11, 2020

The Color of Cannabis, in partnership with Minority Cannabis Business Association and Vicente Sederberg LLP, will host a free expungement clinic for Denver County cannabis convictions on June 20, 2020. RSVP by June 19!

[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.

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?