Vicente Sederberg Insights
By Vicente Sederberg LLP
Vicente Sederberg InsightsOct 05, 2022
Vicente Sederberg LLP Hispanic Heritage Month Cannabis Client Spotlight: Ivelise Rivera of Nuestra dba The Boston Garden
In honor of Hispanic Heritage Month, I [Jennifer Cabrera] had a great conversation with Ivelise Rivera of Nuestra, dba The Boston Garden, a licensed adult-use cannabis dispensary located in Athol, MA, with locations forthcoming in Cambridge, Newton, and Somerville. Ivelise is the majority owner and controls the Boston Garden through her company, Herban Legends, which she shares with her daughter. Throughout our discussion, we talked about our families' experiences immigrating to the United States from the Caribbean (Ivelise's family is from the Dominican Republic, mine is from Cuba) and the challenges faced by Latinos (and many other Americans) looking to enter the cannabis industry.
Typically, the most significant barrier to entering the cannabis industry is the lack of access to the capital required to win a license, build out a location, hire staff, and become operational—all while continuing to pay your household bills. Ivelise built an operational cannabis dispensary over four years while holding a full-time I.T. position. Very impressive! I appreciate her pragmatism and commitment to building a business that she can share with her adult daughters.
For Latinos interested in entering the cannabis industry, it is crucial to consider what type of business is best for you, given your resources and experience. Protecting yourself as you raise capital for your business is also important. I can’t stress enough that you should have your own attorney representing you in negotiations with prospective partners.
For cannabis companies looking to make an impact and be more inclusive, consider going beyond hiring diverse budtenders or grow staff. Think about your vendors. There are a growing number of Latino-owned security, cleaning, HVAC, and other ancillary businesses. With a little bit of research and due diligence, you can make a difference.
Listen to the podcast and/or read the interview transcript below.
From CEP to SIP: Social Impact Plans and Annual Reports for Denver Cannabis Businesses
In April 2021, Denver City Council approved the Marijuana Omnibus Ordinance which revised the Municipal Code and established new marijuana license application and renewal requirements. As part of the Omnibus Ordinance, the city moved to transition licensees from requiring Community Engagement Plans (CEPs) to requiring more rigorous Social Impact Plans (SIPs).
A live session featuring a member of Denver’s Department of Excise & Licensing, along with attorneys from VS’s Impact & ESG and Regulatory Compliance Departments! During the session, we dive into what you need to know about the new requirements, including:
- History of CEPs to SIPs and key differences between the plans
- What the new SIPs require from licensees
- Annual SIP tracking, transparency, and reporting obligations
- Risks of failing to maintain SIPs
You'll hear from:
- Abbey Borchers, City of Denver Department of Excise & Licensing
- Kim Napoli, Counsel, Director of DEI at VS
- James Nechleba, VS Regulatory Counsel, Licensing & Compliance
- Marc Ross, Counsel, Head of Impact & ESG at VS
Impact and ESG in the Cannabis Industry
From investors and government officials to prospective employees and shareholders, the rapidly increasing focus on Environmental, Social, and Governance (ESG) practices is changing how businesses approach sustainability, social impact, diversity, equity, and inclusion. As other sectors get up to speed with ESG, the cannabis industry is already positioned to lead the way.
Topics of discussion:
- What is ESG and why is it important now for the cannabis industry?
- Can cannabis businesses gain a competitive advantage through thoughtful ESG practices?
- What are the growing global trends surrounding ESG?
- What will ESG look like for the cannabis industry in the comings months and years?
- How can cannabis businesses begin measuring their ESG impact?
Minor Cannabinoids: Exploring the Science, Legality, and Opportunities
While THC and CBD are the two most commonly known and sought-after “major” cannabinoids, several “minor” cannabinoids have been getting a lot of attention lately (we’re looking at you, Delta-8!). Despite the increasing buzz around minor cannabinoids, questions remain about their legality, real market potential, and the current and future regulatory landscape for hemp producers, manufacturers, and retailers.
Watch this recorded panel discussion exploring the science, legality, and regulation of minor cannabinoids, including Delta-8, featuring the Spock of Cannabis, a hemp processor, an FDA regulatory attorney, and VS hemp regulatory attorney Andrea Golan.
Preparing Your Massachusetts Cannabis Business for Inspections
Onsite compliance is as complex as it is essential for creating and maintaining a viable cannabis business. Will your business be ready when the Cannabis Control Commission resumes unannounced onsite compliance audits?
Watch this to learn best practices for onsite cannabis business compliance. During this information-packed 30-minute event, members of VS’s compliance team dive into what you need to know now to best prepare your facility and team for inspection at any given time.
East Coast vs. West Coast Cannabis Licensing
What do New Jersey, California, and Massachusetts have in common for those seeking cannabis licensure? A whole lot – but at the same time, not much at all when it comes to premises, host communities, and complying with regulations.
If you’re looking to start a cannabis business or expand coast-to-coast, watch this recorded session. Focusing on three key states, our panel of attorneys and licensing specialists will explore some of the licensing requirements shared by applicants in rival states, as well as some of the key differences for applicants to consider when expanding across state lines and more!
Complying with Changing Massachusetts Cannabis Regulations
Official regulatory changes approved by the Massachusetts Cannabis Control Commission were published and effective on January 8, 2021. With regulatory compliance as one of the pillars of success for any cannabis licensee, it is essential to understand and comply with these changes.
Watch this virtual workshop with VS compliance specialist Sarah Grande to learn about the operational changes in the regulatory updates and receive guidance for getting your business up to speed. Topics covered include advertising and branding, white labeling, testing, agent registration, and more.
Let VS help you comply with these key regulatory changes and make sure you’re on the path to success!
Challenging a Cannabis License Denial
If you operate in the cannabis industry, chances are you’ll need to challenge a regulatory decision at some point. Agencies can deny your license applications for a variety of reasons, but that doesn’t always mean you should give up! While the process for challenging a denied license is complicated and varies widely by location, many result in positive outcomes.
Hemportunities: State and Federal Funding Opportunities for Hemp Businesses
Regardless of a business's product or commodity, researching and navigating federal and state funding options can be tricky. And while hemp is a federally legal crop, it is still an emerging industry—presenting an added layer of challenges for hemp businesses seeking government funding. Whether you’re just starting up, have an established hemp-related business you want to grow, or need assistance due to COVID-19, you have funding options!
Watch the replay to learn about grant and loan opportunities for hemp farmers and hemp-related businesses.
California Cannabis Packaging and Labeling Compliance
Compliance will make or break a cannabis business’s success in the highly regulated California cannabis industry, and maintaining that compliance presents constant challenges for both new and experienced operators. Understanding packaging and labeling requirements for all of your products and establishing and enforcing compliance protocols impacts your bottom line by improving efficiency and consumer confidence. It will also help you avoid unnecessary supply chain issues and compliance crises.
Trademark Protection for Cannabis, Hemp and CBD Brands
What brand protection options are available for businesses in the cannabis, hemp, CBD or related industries?
A company’s trademarks are the business-world equivalent to a castle’s moat or high perimeter walls – they are vital for survival and exist to keep unwanted competition from “stealing” or infringing upon what, in many organizations, are their most valuable assets – intellectual property. The 2018 Farm Bill made trademark registration for CBD and hemp products and services federally available through the U.S. Patent and Trademark Office (USPTO). The Farm Bill’s enactment, along with other recent developments and trends throughout the US cannabis industry, has led to significant growth in trademark applications filed by/for cannabis, CBD, and hemp organizations.