Regulatory Compliance

Regulatory compliance is a vital component of virtually every aspect of the cannabis industry, and VS has focused on this area since the inception of the legal cannabis industry. Our firm has developed a cross-disciplinary approach that spans all of our practice areas and offers clients a full spectrum of support for all of your compliance issues or questions. We provide marijuana and hemp businesses like yours with actionable guidance on state and local laws and regulations, helping you understand enforcement efforts and empowering you to work efficiently with regulators to minimize violations, inquiries, audits, and investigations.

Our team members have been actively involved in developing numerous state and local laws and regulations, and they vigilantly track these ever-changing policies. We leverage this unparalleled industry experience and our national scale to provide you with subject-matter expertise, insights into enforcement trends, and clarity on the intent and evolution of laws and regulations. Our goal is to help your cannabis business survive and thrive in this highly complex regulatory environment. View our compliance services below to find out what VS can do to help protect your interests.

LEADERSHIP

Director of Regulatory Compliance

Director of Regulatory Compliance

Services

VS offers customized compliance plans to meet each client’s individual needs and budget. Our services include:

From pre-operational to operational compliance and enforcement remediation, we provide audits to assess potential areas of vulnerability, ensure conformance with regulatory requirements, and provide corrective action plans to help licensed cannabis operators promote and maintain compliance. We recommend an initial audit of your facility to gather information and inform the custom compliance plan for your operations. Then, we would set a schedule for routine bi-annual audits. 

If requested, VS conducts on-site compliance audits on an as-needed basis or in association with transactional due diligence or an enforcement response. These audit reports will focus on any observations of regulatory violations, the risk of enforcement, and the violation’s effect on future compliance.

Inspection Services

On-site cannabis compliance inspections require approximately two hours for each license. Reporting times may vary depending on the scope and sensitivity of the information uncovered during the audit.

The following reporting services can be modified to suit your needs and budget:

Reporting Options

  • Detailed Report: Breaks down potential violations by priority; includes suggested follow-up action items; includes best practices

  • Standard Report: Includes only regulatory violations of state cannabis regulations and suggests for follow-up action items

  • Email/Meeting Follow-Up: Brief correspondence regarding the audit, with an acknowledgment to waive the full report in favor of quick and actionable guidance. Depending on the assessment of the site, VS may suggest a full report even if this option is selected.

Inspection Add-Ons

  • Applicable Local Cannabis Code

  • Environmental Health and Safety (EHS)

  • Occupational Health and Safety Hazards (OSHA)

  • Good Manufacturing Practices (GMP)

Cannabis and hemp packaging and labeling requirements vary across markets and product types. If your business is transitioning into a new state or releasing a new product, it is critical that your packaging and labeling are compliant with the specific regulations. The VS team can review your proposed logos, labels, and packaging and provide actionable guidance to revise them before heading to the printer.

Marketing and advertising in the cannabis industry is a challenge. In addition to state and federal legal considerations, you must also know the rules governing specific social media platforms and websites. VS offers cannabis and hemp marketing, advertising (including social media and SMS messaging), and branding review to flag compliance concerns and potential risks based on current regulations and guidance.

To promote efficiency, consistency, and compliance in your operations, we can assist your team with satisfying regulatory requirements by developing standardized documents. Common standard documents include streamlined binder records systems, standard operating procedures, operational guides, compliance checklists, labeling guides, and employee training manuals. Our team can also review your self-created documents to verify compliance.

Creating a culture of compliance is one of the best ways to ensure compliance across your operations. VS provides private cannabis compliance training on topics including state and local regulations, specific requirements for different license types, best practices for compliant marketing, and transitioning from medical to adult-use markets, among other topics. We can also host educational seminars on timely compliance topics to help owners and employees stay up to date on constantly changing regulations.

Have a complex cannabis compliance question? VS works with investors, owners, key employees, and other stakeholders to answer difficult compliance questions facing licensed and ancillary cannabis businesses. Our national scale and unparalleled industry experience provide you and your business with subject-matter expertise, insights into enforcement trends, and clarity on the intent and evolution of laws and regulations. When you work with our National Compliance Team, you’ll have a point of contact to address any regulatory compliance issues that arise or ensure the proper VS team member responds to your request.

People

Associate Attorney

Licensing Specialist

Senior Associate Attorney

Regulatory Paralegal

Director of Regulatory Policy

Senior Associate Attorney

Compliance Specialist

Licensing Specialist

Director of Regulatory Compliance

Director of Regulatory Compliance

Associate Attorney

Licensing & Economics Specialist

Vice President of Northeast Markets and Business Intelligence

Associate Attorney

Associate Attorney

News

FDA Enforcement Action Targeted at Hemp-Derived Delta-8 Products

By Michelle Bodian, Shawn Hauser, Catie Wightman
May 5, 2022

For the first time ever, the FDA issued warning letters to companies selling products containing hemp-derived Delta-8 THC. Notably, this is the first time the FDA has specifically enforced against Delta-8 products. Read this for key takeaways from these warning letters.

New Hemp CBD Laws, Regulations, and Policies: June 2021 Update

By Caitlin Wightman, Michelle Bodian, Jace Pohlman
Jun 15, 2021

Over the first half of 2021, many states passed laws, implemented, or proposed new regulations regarding hemp cultivation, processing, and CBD products. These changes range from updates to testing, labeling, and packaging requirements, to adjustments in license requirements and limits on the types of hemp-derived products that can be sold. 

5 Things You Need to Know Before Entering the Cannabis Industry

By Brian Vicente
Apr 19, 2021

The cannabis industry is complex. Prospective cannabis business owners and other service providers interested in working with cannabis businesses are wise to take a step back and assess what it really takes to not only enter the cannabis industry, but to succeed in it.

Coronavirus and Cannabis: Colorado Regulatory Updates

By Charles Alovisetti, Corey Cox, Justin Johnson, Andrew Livingston, Jessica Scardina, Jordan Wellington, Catie Wightman
Jan 11, 2021

Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on cannabis businesses, service providers, and consumers in Colorado.

The Impact of COVID-19 on the Cannabis Industry

By Charles Alovisetti, Sahar Ayinehsazian, Andrea Golan
Nov 5, 2020

The coronavirus and efforts to contain it have led to changes in the regulatory landscape and consumer behavior that are likely to shape the cannabis industry moving forward. In spite of COVID-19, or perhaps because of it, the cannabis industry is thriving, and will continue to do so as long as demand remains strong and operators adhere to the rules and regulations designed to keep consumers and employees safe.

Prop 65 Warning Requirements for Cannabis, THC and CBD

By Andrea A. Golan
Apr 13, 2020

In early 2020, California’s Office of Environmental Health Hazard Assessment added Δ9 THC and marijuana smoke to the Proposition 65 list of chemicals known as reproductive toxins. What does this mean for cannabis businesses?

Getting to the Root of the Problem: The 0.3% THC Hemp Standard

By Shawn Hauser, Partner
Feb 27, 2020

The beginning of federally regulated hemp has been marred by industry-wide concerns about an overly restrictive federal program, and what may come from the USDA review of more than 4,600 comments to its interim final rule governing U.S. hemp production.

How to Sell Hemp Food Products Without Breaking the Law

By Charles S. Alovisetti, Partner
Sep 19, 2019

Despite news headlines saying that hemp is federally legal, many hemp-derived food products and supplements currently sold in the US are in violation of federal law. But some hemp food products can actually be sold in complete compliance with US Federal law. How so?

In the Media