Archive

Native American Tribal Sovereignty and the Cannabis Industry

By David M. Ullian
Jun 2, 2025

As cannabis legalization spreads, Native American Tribes are asserting their sovereign rights to shape their own paths in the industry. This blog post explores how Tribal sovereignty provides a legal foundation for participation in cannabis, examines the challenges and opportunities Tribes face, and highlights the Eastern Band of Cherokee Indians’ groundbreaking success in launching a vertically integrated cannabis operation in North Carolina, despite statewide prohibition.

Celebrating 15 Years of Trailblazing Work in Cannabis and Psychedelics Law

By Vicente LLP
Mar 18, 2025

As Vicente LLP celebrates its 15th anniversary this year, we reflect on 15 milestones that highlight our growth, commitment to advocacy, and the important role our firm has played in cannabis law, psychedelics law, and drug policy reform.

Cannabis Presents Economic Opportunity for Tribal Nations

By Jason Tarasek
Dec 3, 2024

Cannabis is opening new doors of economic opportunity for Tribal nations across the country, from the Eastern Band of Cherokee in North Carolina to the White Earth Band of Ojibwe in Minnesota. In states where cannabis sales are not legal or where adult-use dispensaries have not yet opened, Tribal cannabis businesses may have a first-to-market advantage.

Cannabis Trademarks 101

By Jeffrey Welsh
Nov 19, 2024

In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets.

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.

How to Choose a Trademark for Your Cannabis Brand

By Chelsie Spencer
Sep 3, 2024

A strong trademark is crucial for cannabis businesses to stand out and thrive. This Insights post explores the importance of trademark protection and breaks down the different categories of trademark distinctiveness, from generic to fanciful. By understanding these categories, entrepreneurs can make informed decisions to safeguard and protect their brand identity.

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!

[Webinar] Cannabis Rescheduling: Implications and Next Steps

May 3, 2024

Watch this special briefing featuring Vicente LLP leaders who have been deeply immersed in the federal scheduling issue, along with Mitzi Keating, a CPA and partner at Citrin Cooperman.

[Webinar] Cannabis IP Strategies: A Forward-Looking Discussion with Patent & Trademark Specialists

Mar 28, 2024

Watch this pre-recorded session to learn about the future of intellectual property for cannabis and hemp products with rescheduling on the horizon. This webinar will feature a discussion with VLLP IP specialists regarding patent, IP and trademark protection, cannabis research, and what may change with potential federal marijuana rescheduling.

Vicente LLP Southeast U.S. Regional Update: February 2024

By Sally Kent Peebles, David Ullian
Feb 13, 2024

Southeast cannabis-related legislation, regulatory updates, events and other news

North Carolina Consideration of Cannabis Reform to Continue: Medical Cannabis & Hemp-Derived Products

By David M. Ullian
Feb 6, 2024

The North Carolina Legislature is expected to revisit medical cannabis access through the North Carolina Compassionate Care Act (NCCCA) once the legislative session begins in 2024. Public support is strong, and the bill would allow patients with debilitating conditions to purchase cannabis from licensed centers. Additionally, the state may soon regulate hemp-derived and kratom products, requiring licenses and testing for production and retail sales. Read this Insights post for more information on North Carolina’s Compassionate Care Act.

Vicente LLP Partner Jennifer Cabrera Selected to 2023 Super Lawyers New York List

Oct 20, 2023

Vicente LLP partner Jennifer Cabrera was recognized by Super Lawyers for her exceptional legal work in New York! Congratulations Jennifer!

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.

Upcoming Cannabis Business Licensing Opportunities Across the U.S.

By Jerrico Perez
May 22, 2023

Opportunities for growth across the nation are currently abundant for cannabis businesses, and our experienced team is here to help you navigate these increasingly complex and competitive licensing processes. With more winning merit-based applications than any other law firm in the country, our team’s work ethic, dedication, and experience will help elevate your application above the competition and set your business up for long-term success.

Medical Cannabis Legalization Bills Advance in North Carolina and South Carolina

By David M. Ullian
Mar 7, 2023

Medical cannabis legalization bills are advancing quickly through the North Carolina and South Carolina legislatures, lending much optimism to advocates, patients and prospective entrepreneurs that these bills will be enacted into law in the coming months.

CBD Products Liability Lawsuits Could Be Revived After FDA Declines to Regulate Cannabidiol

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?

Sweet Carolinas: Medical Cannabis Legalization Bills Introduced in North Carolina and South Carolina

By David M. Ullian
Feb 1, 2023

After failing to pass medical cannabis bills in 2022, legislators in North Carolina and South Carolina are preparing to consider bills that would legalize and regulate the production and use of medical cannabis in their respective states.

Southeast U.S. Regional Cannabis Update: January 2023

By Sally Kent Peebles, David Ullian
Jan 31, 2023

Update on cannabis legislation and rulemaking, regulatory changes, and other noteworthy news and events related to states in the Southeastern U.S. region.

How to Qualify as Justice-Involved for a New York Cannabis Business CAURD License

By Kim Napoli, Bridgette Nikisher
Aug 2, 2022

New York's Conditional Adult-Use Retail Dispensary (CAURD) Licenses are reserved for "Justice-Involved" individuals disproportionately impacted by the war on drugs. What does "Justice-Involved" mean, and how does one take advantage of the benefits associated with that classification?

Trademarking Your New York Cannabis Industry Business and Brand

By Erik Pelton
Jul 27, 2022

Looking to start a cannabis business in New York? When creating your business brand name and logo, don't forget to protect it with a trademark.

VS Attorneys Will Present CLEs at INCBA Cannabis Law Institute

May 23, 2022

International Cannabis Bar Association's annual conference will feature VS attorneys Shawn Hauser and Shane Pennington in sessions focused on emerging cannabinoids and the CLI's first-ever moot court (Sisley v. DEA), respectively.

HIA v DEA Lawsuit: The Hemp Industry Needs Your Support to End DEA Overreach

Apr 14, 2022

Update on the lawsuit HIA & RE Botanicals, Inc v. DEA and why this case is critical to the hemp industry's future.

Shane Pennington Slated to Present at SXSW 2022 'Cannabis Industry Evolution Summit' with Dr. Sue Sisley and Matt Zorn

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."

Sahar Ayinehsazian Joining Cannabis Litigation and Insurance Panel at 2021 NAPABA Convention

Dec 4, 2021

VS attorney Sahar Ayinehsazian is slated to speak at the National Asian Pacific American Bar Association (NAPABA) Convention on December 10, 2021.

Jennifer Cabrera Featured in INCBA CLE: Litigation When Your Client’s Cannabis Business Investment Goes Up In Smoke

Nov 22, 2021

The legal cannabis industry is expanding rapidly worldwide. But where there is smoke, there is fire. Watch this on-demand CLE with VS counsel Jennifer Cabrera for a discussion on the good, the bad, and the ugly of cannabis finance and investment litigation.

NIDA Monopoly is Over: New DEA-Registered Cannabis Growers Can Supply Researchers with Product

By Shane Pennington
Nov 4, 2021

The NIDA monopoly on cultivating cannabis for research ended in May 2021. Researchers can now study cannabis from state-legal markets by getting it from one of DEA's newly-licensed cannabis cultivators.

VS is Headed to Las Vegas for the Biggest Cannabis Event of the Year — MJBizCon!

Oct 5, 2021

We look forward to seeing our colleagues, clients, and friends at MJBizCon in Las Vegas, October 19-22!

Vicente Sederberg LLP Hemp Update: September 2021

Sep 14, 2021

Update on hemp-related legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.

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 2022 Panelpicker is Open! Vote for 'Sue 'n the DEA: Breaking the 50-Year NIDA Monopoly'

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!

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!

7 VS Attorneys Included in The Best Lawyers in America 2022

Aug 19, 2021

Vicente Sederberg LLP is pleased to share that five lawyers representing the firm’s Colorado, Massachusetts, and New York offices were recognized by their attorney peers in The Best Lawyers in America© 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.

Vicente Sederberg LLP Hemp Update: June 2021

Jun 10, 2021

Update on hemp legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.

Shane Pennington Interviewed About Marijuana's Schedule 1 Drug Classification by the DEA

Jun 9, 2021

This week in federal court, VS counsel Shane Pennington will give oral arguments to get cannabis out of the Schedule 1 drug classification.

Shane Pennington Discusses Hemp Industry Litigation in Response to DEA Overreach in HIA Webinar

May 26, 2021

VS counsel Shane Pennington joined Rod Kight and Hemp Industries Association to discuss the lawsuit against DEA, challenging the DEA's interim final rule.

Tips for Appealing a Cannabis License Denial

By Jennifer Cabrera, Andrea Golan, Brandon Kurtzman, Jerrico Perez
Feb 3, 2021

Regulatory agencies can deny cannabis license applications for various reasons, but a denied application is not the end of the line.

When Do You Need Cannabis Regulatory Counsel? A Guide for Corporate Counsel

By Charles Alovisetti, Sally Kent Peebles
Jan 15, 2021

As more law firms are fielding client questions about cannabis industry transactions, it can be challenging for corporate counsel to identify when they need cannabis regulatory counsel.

The Cannabis Business: Understanding Law, Finance, and Governance in America's Newest Industry

By Vicente Sederberg LLP
Dec 18, 2020

Vicente Sederberg attorneys wrote the book on cannabis law — and now you can own it! This comprehensive primer on all things cannabis law is a must-have for anyone seeking to understand the major practical legal issues facing the marijuana and hemp industries.

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.

[Webinar] Challenging a Cannabis License Denial

Oct 27, 2020

If you operate in the cannabis industry, chances are you’ll need to challenge a regulatory decision at some point. Watch this session to learn about your options.

Protect Your Brand! Cannabis Trademark Strategies and Benefits

Sep 23, 2020

Watch this virtual discussion on cannabis trademarks and intellectual property with Sahar Ayinehsazian, Erik Pelton and Jeffrey Welsh.

Jennifer Cabrera Slated to Present Cannabis Litigation Session at NECANN Online

Sep 3, 2020

Jennifer will present "Litigation is Coming! What Cannabis Businesses Need to Know Now" at NECANN Online on September 26, 2020.

California Hemp Company Files Lawsuit Against Colorado Hemp Seed Producer

Sep 2, 2020

Exotic Canopy Solutions LLC, represented by Vicente Sederberg LLP, filed a complaint against Eastern Colorado Hemp Operations, Inc. and Curnativ Farms LLC.

Brian Vicente to Speak at ADTA Denver Annual Meeting

Aug 31, 2020

VS founding partner Brian Vicente will discuss litigation and regulation in the cannabis industry as part of the Association of Defense Trial Attorneys Denver Annual Meeting.

Jennifer Cabrera Discusses Cannabis in Interview with New York Real Estate Journal

Jul 30, 2020

Watch this to hear about unique business issues in the cannabis industry, including real estate difficulties, in this interview with Rick Kaplan of NYREJ.

Lessons Learned from Recent Hemp and CBD Litigation: They Went to Court so You Can Stay Home

By Michelle Bodian, David Kramer
Jul 13, 2020

The past year has seen an uptick of hemp and CBD-related lawsuits across the country. This article explores the valuable lessons for hemp and CBD businesses to learn from a few of the cases.

How to Prepare for Cannabis Business Ownership Disputes in Colorado

By Justin Johnson
Jun 19, 2020

Many licensed Colorado marijuana businesses unfortunately experience disputes among their owners. Reasons vary, but almost all of them trigger regulatory issues that must be navigated.

Preparing for the Rising Demand for Due Diligence in Cannabis Transactions

By Charles Alovisetti, Elliot Choi, Sahar Ayinehsazian, Corey Cox
May 5, 2020

The continuing growth of the cannabis and hemp industries has given rise to the need for specifically tailored due diligence.

Trademark Protection for Cannabis, Hemp and CBD Brands

Dec 11, 2019

What brand protection options are available for businesses in the cannabis, hemp, CBD or related industries? Watch this presentation to better understand the tactics your business can implement to increase protection for brand names, logos, and slogans.

National Law Journal Recognizes Three More VS Attorneys as 'Cannabis Law Trailblazers'

Apr 23, 2019

The 2019 list of "Cannabis Law Trailblazers" published this month by National Law Journal includes three attorneys from Vicente Sederberg LLC: Adam Fine, Shawn Hauser, and Valerio Romano.