Archive

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.

New Colorado Cannabis Testing Requirements Are Now Effective

By Genevieve Meehan
Jul 5, 2024

Heads up, Colorado cannabis businesses! The Marijuana Enforcement Division's (MED) Reduced Testing Allowance (RTA) program allows qualified businesses to reduce testing frequency. Additionally, Senate Bill 24-76 brings new requirements that stores should be ready to implement by August 6. Read this Insights post to learn how recent regulation changes impact your operations.

Massachusetts Cannabis Control Commission Reviewing Host Community Agreements for Compliance With New Regulations

By David Ullian, Tim Callahan
Jun 5, 2024

The Massachusetts Cannabis Control Commission is now issuing formal Requests for Information and Notices of Deficiency to license applicants, licensees, and host communities, and is requesting the submission of a compliant HCA or HCA Waiver. This process could cause delays in the initial application, license renewal, and final licensure processes. Learn more about the HCA reviews and how to request a license renewal extension in this Vicente Insights article.

Model Host Community Agreement Released by Massachusetts Cannabis Control Commission: What You Need to Know

By David M. Ullian, Tim Callahan
Mar 7, 2024

This Insights post provides an overview of recent changes impacting Massachusetts cannabis businesses. We break down the new Model Host Community Agreement (HCA), explaining its purpose, usage, and accessibility. Additionally, we explore the updated application and renewal processes, highlighting the mandatory inclusion of compliant HCAs or waivers. This blog serves as a valuable resource for both new and existing cannabis businesses seeking to navigate the evolving regulatory landscape in Massachusetts.

Oklahoma Cannabis Operators Should Be Alert of Increased Enforcement and Heightened License Application Scrutiny from OMMA

By Genevieve Meehan, Emily Hackman
Jul 26, 2023

As cannabis markets mature, regulatory agencies typically increase compliance enforcement through inspections and audits. It has become increasingly clear that The Oklahoma Medical Marijuana Authority has shifted toward increased and escalated enforcement and heightened license application scrutiny. Learn more about this shift and review the updated OMMA inspection forms by reading this Insights article.

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.

Revisiting SOPs in Massachusetts Cannabis: A Cautionary Tale

By Casey Leaver
Apr 10, 2023

The Massachusetts cannabis employee data breach made public last month by the Cannabis Control Commission, combined with recent announcements about the Commission’s “secret shopper” program and an increase in unannounced inspections at licensed facilities, presents a trifecta of reminders for marijuana establishments to revisit their standard operating policies and procedures (SOPs).

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?

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. 

Raising Private Capital in the Cannabis Industry

By Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian
Sep 29, 2022

Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian write for the Bloomberg Law, reflecting on the challenges and journey of raising private capital in the 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.

What is a Cannabis REIT?

By Charles Alovisetti, Cassia Furman
Apr 23, 2021

To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.

Cannabis Trademarks 101

By Erik Pelton, Jeffrey Welsh
Nov 13, 2020

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.

Exploring Alternatives to Bankruptcy for Cannabis Businesses

By Charles Alovisetti, Phil Silverman, Jason Adelstone
Apr 17, 2020

Bankruptcy law provides advantages for financially distressed companies to restructure debt while continuing to operate. Without access to U.S. Bankruptcy Code protections, marijuana companies must turn to out-of-court restructurings and state law insolvency proceedings.

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.

Blue Sky Laws and the Cannabis Industry

By Charles S. Alovisetti, Partner
Oct 7, 2019

In addition to federal securities laws, each state and territory has its own securities laws, often referred to as blue sky laws. Cannabis company compliance with these rules may be more important due to heightened regulatory scrutiny.

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.