Archive

Texas Cannabis Legalization: What the SB 3 Veto Means for Hemp Businesses

By K. Dana Harewood, Angela George, Shawn Hauser
Jul 1, 2025

Texas Governor Greg Abbott’s veto of Senate Bill 3 (SB 3) created a critical moment for the state’s hemp industry. With a special legislative session beginning on July 21, 2025, Texas has an opportunity to expand on its existing regulatory framework to better balance consumer safety with a business-friendly approach. In this blog post, we discuss the key details of the SB 3 veto, Governor Abbott’s proposed policy objectives and the political challenges ahead. Months of legislative turmoil in the Lone Star State have left the Texas hemp industry in limbo, uncertain whether it will survive until the end of the year. Thanks to an 11th hour veto of Texas Senate Bill 3, the state’s hemp industry remains alive and well – at least for now.

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!

Vicente's Annual Austin Social: A Psychedelic & Cannabis Community Event

Feb 25, 2025

Join Vicente LLP on March 8 during SXSW 2025 weekend at a private venue in Austin, Texas to connect with the cannabis and psychedelics community community and support groundbreaking plant medicine research by Field 2 Healed and Dr. Sue Sisley. Event location will be emailed to registrants closer to the event date. Claim your tickets!

Top 5 Considerations for Maryland Cannabis Licensees

By Meg Nash, Casey Leaver, Bridgette Nikisher
Nov 7, 2024

Congratulations to those who won a cannabis social equity license in the Maryland lottery! Vicente’s Maryland team created a quick list of items to keep top of mind as you work towards your final license, including reviewing the new draft regulations, submitting supplemental applications, and property considerations.

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.

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.

Several Texas Cannabis Reform Measures Set to Appear in November General Election Ballot

By Daniel Molina, Shawn Hauser
Aug 30, 2024

With an upcoming legislative session that will consider medical cannabis expansion, hemp regulation, decriminalization, and other cannabis matters—we have our eyes on Texas! Read the first blog of our Texas series which covers updates on cannabis reform and decriminalization measures in cities like Dallas and Austin, which are set to be on the ballot in November.

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!

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.

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] Cannabis Real Estate Considerations

Oct 12, 2021

Watch this recorded session where members of VS’s real estate practice discuss cannabis real estate issues, including lease considerations, financing, and local jurisdiction laws that may affect your business. 

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.

Charles Alovisetti to Present Cannabis Real Estate Financing CLE

Jul 1, 2021

The CLE, titled "Financing Cannabis-Related Real Estate: Structuring Options, Enforcement Issues, Regulatory Hurdles" will analyze legal and practical issues borrowers and lenders need to consider when documenting and funding a loan transaction secured by cannabis-related real estate.

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.

Commercial Leases Involving Cannabis Businesses

By Ben Leonard and Brett Williams
Mar 9, 2021

This article published by the Colorado Bar Association addresses issues unique to cannabis-related business lease transactions and offers suggestions for structuring such leases to maintain regulatory compliance.

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.

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.