Archive

Cannabis Rescheduling: The DEA's Proposed Rule and the Supporting OLC Opinion

By Jason Adelstone
May 21, 2024

The DEA published its proposed rule to move marijuana from schedule I to schedule III on May 21, and the 60-day public comment period has officially opened. The DEA also published an opinion from the Office of Legal counsel that provides a thorough analysis supporting why placing marijuana in schedule III is appropriate and legally justified. Read this insight for a high-level overview of the proposed rule and the OLC Opinion.

Read More

Marijuana Rescheduling Part II: Why Opponents Continue to Have No Idea What They Are Talking About

By Jason Adelstone
May 20, 2024

In a recent House Committee meeting with DEA Administrator Anne Milgram, Rep. Andrew S. Clyde voiced his opposition to removing marijuana from Schedule I based on public safety reasons, but then contradicted himself by stating marijuana is “not as dangerous as some of the others we have talked about” (the meeting focused primarily on fentanyl’s harms to communities). This blog post addresses the false narratives and misconceptions that opponents of cannabis reform continue to promote.

Read More

Vicente LLP Heads to Minneapolis for CANNRA 2024 External Stakeholder Meeting

May 16, 2024

Will you be in Minneapolis for the CANNRA 2024 External Stakeholder Meeting? Several members of the Vicente LLP team will be in attendance! Senior associate Jason Adelstone will discuss international considerations during the closing plenary on June 5, and partners Adam Fine and Michelle Bodian, director of regulatory policy Jen Flanagan, and counsel Jason Tarasek will also be in attendance!

Read More

Marijuana Rescheduling: Why Opponents Have No Idea What They Are Talking About

By Jason Adelstone
Apr 29, 2024

After listening to the House Oversight and Accountability Committee Hearing with the Commissioner of the FDA on April 11, one conclusion was reinforced—opponents of marijuana reform are misinformed and rely on misstating facts to support their position. Those against moving marijuana into schedule III are making their voices heard, but almost universally, those voices simply do not understand what schedule III would mean.

Read More

International Narcotics Control Board’s Use of “May” in 2023 Report Hints at Evolving Global Cannabis Stance

By Jason Adelstone
Mar 21, 2024

The International Narcotics Control Board (INCB) may be taking a more measured approach to cannabis. In their 2023 report, INCB used the word "may" when discussing potential inconsistencies between US state legalization and international treaties. This subtle shift in language suggests a more open-minded approach. This blog post explores the significance of this change in the report’s language and what it might mean for the future of global cannabis legalization.

Read More

International Cannabis Update: Germany Joins Malta and Luxembourg in Liberalizing Marijuana Policy

By Jason Adelstone
Feb 27, 2024

Germany's recent enactment of a marijuana decriminalization bill marks a significant development in European drug policy. While falling short of full legalization, the new law allows for decriminalized possession, home cultivation, and participation in cannabis clubs. This blog post provides a concise overview of the new legislation, its potential impact, and its wider implications for the evolving European cannabis landscape.

Read More

The DEA’s Scheduling of Marijuana: What Happens After the DEA Publishes Its Rule?

By Jason Adelstone
Jan 30, 2024

On August 29, 2023, the Department of Health and Human Services (“HHS”) sent the Drug Enforcement Administration (“DEA”) its recommendation to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”). Since then, the marijuana industry has waited in suspense for the DEA to make the final call as to what schedule marijuana will be placed. Read this Insights post that outlines the complex process of marijuana rescheduling in the US and outlines the key steps involved, from rule publication to review and final rule, emphasizing the critical role of stakeholder engagement in securing a Schedule III classification.

Read More

A Potential Breakthrough for Psychedelic Treatments: Ninth Circuit Court Ruling on Psilocybin Rescheduling

By Jason Adelstone
Dec 7, 2023

On October 27, 2023, the Ninth Circuit Court of Appeals, in Aggarwal v. DEA, held that the U.S. Drug Enforcement Agency (DEA) must reconsider its denial of a petition to transfer psilocybin, the active ingredient in “magic mushrooms” from Schedule I to Schedule II. Read this Insights post for more information about the Ninth Circuit Court’s order to reschedule psilocybin.

Read More

Top Five Countries to Watch for International Cannabis Reform in 2024

By Jason Adelstone
Nov 6, 2023

While the cannabis industry in the United States awaits a marijuana scheduling decision from the DEA, many countries around the world continue to move forward with liberalizing their cannabis policies as a superior method of promoting the health and welfare of their citizens. In this blog post, we’ll take a closer look at five countries poised to make waves in the cannabis landscape in 2024, including Germany, Thailand, Colombia, the Czech Republic, and Switzerland.

Read More

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.

Read More

[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. 

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More