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Cannabis Economist Andrew Livingston Talks Tax Revenue, Hemp Beverages & Legal Reform on High Spirits Podcast

Jun 17, 2025

How will federal and state laws shape the future of THC beverages? In a recent episode of High Spirits: The Cannabis Business Podcast, Vicente director of economics and market analysis Andrew Livingston discusses cannabis legalization along with hemp beverages and their potential to be regulated similarly to alcohol. He explores the challenges and opportunities for brands as the industry navigates how alcohol regulations may shape the future of the hemp industry. Listen now!

Frequently Asked Questions About Hemp Beverages: How Federal and State Laws Are Reshaping the THC Drink Market

By Charles Alovisetti, Juliana Todeschi, Daniel Molina
Apr 29, 2025

With consumer demand surging and retail availability expanding, hemp-derived THC beverages are at the center of a fast-growing industry. This article breaks down the answers to key questions about how federal and state lawmakers are shaping the future of the market, including potential outcomes of the 2025 Farm Bill, rising state restrictions and legal uncertainty surrounding intoxicating cannabinoids.

Nebraska Hemp Enforcement Update: Delta-9 THC Crackdown Targets Retailers

By Steve Pemberton
Apr 15, 2025

Nebraska’s Attorney General has issued cease-and-desist letters to over 100 hemp retailers, citing illegal Delta-9 THC levels. The crackdown highlights the state’s aggressive stance on synthetic THC and mirrors growing national pressure on hemp businesses. Find out how these enforcement actions could impact the industry and what steps businesses can take to stay compliant.

Hemp-Derived Cannabinoid Markets: Using Tax Data to Assess Growth in Louisiana, Minnesota and Tennessee

By Andrew Livingston
Jan 22, 2025

Now that many states have regulated cannabinoid hemp alongside medical and adult-use marijuana, hemp cannabinoid market growth trends can be analyzed using comprehensive data, including monthly tax data from product sales. In this article, we analyze market trends in Minnesota, Louisiana and Tennessee using hemp-derived cannabinoid product sales tax data reported by the states.

Virginia’s ‘Total THC’ Hemp Law Upheld by Fourth Circuit: What It Means for the Hemp Industry

By Neil Willner
Jan 14, 2025

In early January, the Fourth Circuit Court of Appeals issued a landmark decision in Northern Virginia Hemp & Agriculture v. Commonwealth of Virginia, upholding Virginia’s "total THC" hemp law and confirming the state’s authority to regulate hemp products beyond federal standards. This Insights post dives into Virginia’s “total THC” standard approach to hemp regulation, the court’s final ruling, and its impact on the future of hemp-derived products in Virginia and across the United States.

New Jersey Cannabis Dispensaries Can Now Apply for Consumption Lounge Licenses

By Jennifer Cabrera, Steve Pemberton
Jan 13, 2025

The New Jersey Cannabis Regulatory Commission (CRC) began accepting applications for cannabis consumption area endorsements on January 2, 2025. A consumption area endorsement allows existing New Jersey dispensaries (both medicinal and personal use) to offer their patrons a space to consume cannabis at the licensed premises—either in an “indoor” or “outdoor” cannabis consumption area. Learn more about this exciting opportunity!

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.

Vicente LLP Will Present Cannabis Compliance and Branding Sessions at the 2024 New Jersey Cannabis Convention

Aug 7, 2024

Join Vicente LLP at NECANN’s 5th Annual New Jersey Cannabis Convention on September 6 and 7! On day 1, Jennifer Cabrera will share insights on IP and licensing for cannabis brands. On day 2, Stephen Pemberton and Casey Leaver will offer compliance tips for successful cannabis business operations in New Jersey. Register for the event and contact us to schedule a meeting with a member of our team!

Litigation Attorney Tim Swain and Cannabis Economist Andrew Livingston Slated to Speak at the 2024 AICPA & CIMA Cannabis Industry Conference

Jul 22, 2024

Vicente LLP partner Tim Swain and director of economics and research Andrew Livingston will speak during the AICPA & CIMA Cannabis Industry Conference in Aurora, CO on August 13. Tim will discuss litigation and forensics, and Andrew will provide insights on the cannabis market’s current conditions and future opportunities post-rescheduling. Register now!

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.

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.

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.

[Webinar] How to Run a Compliant Cannabis Dispensary in New Jersey

Mar 22, 2023

So, you received your New Jersey cannabis business license. Now what? It’s time to get on the path to success as an operational and compliant cannabis dispensary. Watch this session from Vicente LLP for a regulatory update and compliance tips to help you thrive in this highly complex regulatory environment.

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.

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.

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.

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!

Psychedelics As Medicine: Right To Try Case Versus DEA

By Shane Pennington
Aug 9, 2021

In what could be a groundbreaking case for psychedelic medicine, VS counsel Shane Pennington is part of a team working on an exciting and very important Ninth Circuit challenge to the DEA's refusal to accommodate state and federal right to try laws.

Litigation Funding for Cannabis and Hemp Businesses

By Jennifer Cabrera, David Kramer
Nov 30, 2020

As anyone who has been involved in a legal dispute knows, litigation can be very costly. Thankfully, litigation funding is an option and lenders are increasingly willing to lend to cannabis and hemp businesses.

Cannabis Litigation vs. Arbitration

By Jennifer Cabrera
Nov 20, 2020

While it’s best to avoid litigation and arbitration in the first place, disputes happen and are occurring more frequently in the maturing cannabis sector. Here's a primer on both.

Workshop: Medicinal and Therapeutic Uses of Cannabis

Aug 15, 2019

VS Counsel Jennifer Cabrera will lead a workshop at Union County College where attendees will learn how cannabis works, how patients can acquire it in New Jersey, and the benefits, side effects and risks associated with medical marijuana use.