4 January 2017
Hauser, who joined the firm in 2013, says the primary focus of this new part of the practice will be working with hemp businesses and helping them navigate the complex legal landscape of CBD. It is a common misconception that hemp-based products are legal in every state, but only sixteen states have CBD-specific laws and cannabis laws governing industrial hemp, and the firm is expanding into other states to help local businesses understand the different laws.
But after the firm was set to expand into this area, the DEA dropped a bomb on the industry, adding an additional code for hemp businesses to register their CBD and hemp products.
“It’s hard to tell if it really changes anything or if it just clarifies the existing position,” Hauser says. But as she leads this new division of the practice, she’ll have to navigate what the DEA decision could mean for clients. “They use the term ‘cannabis,’ which is inclusive of marijuana and the parts of the cannabis plant that were traditionally excluded from the definition of marijuana, which was hemp.”
Hemp is taken from the stalks and the stems of the cannabis plant, and it isn’t psychoactive, which means it’s not part of the definition of marijuana under the Controlled Substances Act.
“Because they’re not psychoactive, the intent was to allow industrial products and not to regulate products that don’t have the potential for abuse,” Hauser explains. “This rule changes the interpretation and says no matter what part of the plant it comes from, it’s Schedule I.”
Which translate s to plenty of legal business for Vicent Sederberg.
Shawn Hauser, Esq., is a senior associate at Vicente Sederberg LLC, the first national law firm dedicated exclusively to marijuana law and policy with offices in Denver, Las Vegas, Washington D.C. and Boston. Vicente Sederberg was a key player in the historic effort to legalize marijuana in Colorado and have been leaders in similar efforts nationally and worldwide. Shawn routinely advises businesses in navigating the intersection between state and federal law, licensing, general business representation, investment, regulatory compliance, and intellectual property. Shawn works with clients to form compliant business structures to best position them for success in Colorado and nationally and to create innovative solutions to manage emerging and complex marijuana laws. Shawn directed Sensible Colorado’s local government implementation team following the passage of Amendment 64 and routinely works with local governments, in both Colorado and nationally, to develop and implement marijuana regulations to advance the cannabis industry in a dynamic and responsible manner. In addition, Shawn advises hemp businesses and serves on the board of National Hemp Association, a Denver based organization dedicated to the re-birth of industrial hemp in America. After graduating from University of Denver Sturm College of Law, Shawn was an associate attorney at McAllister, Darnell, & Gottlieb PC, one of the first marijuana-focused law firms in Colorado. In 2016, Shawn was named one of “Denver’s Top Lawyers” by 5280 Magazine.
Frank Robison, Esq. is an Senior Associate at Vicente Sederberg LLC. Frank currently focuses his practice on corporate, private equity, commercial and intellectual property matters. Prior to joining Vicente Sederberg, Frank worked as Assistant Counsel at the University of Colorado Boulder and as Research Counsel in the University of Colorado Boulder’s Technology Transfer Office. Frank worked on a wide array of legal matters for the University, but focused on research compliance (controlled substances, controlled technologies, export controls) and intellectual property. Prior to becoming a lawyer, Frank had seventeen years of business management and entrepreneurial experience at various high-tech companies, including working in the telecommunications and the semi-conductor sectors and owning robotics-based manufacturing and IT consulting businesses. Frank was a Peace Corps Volunteer, Agricultural Extensionist, in Honduras from 1994-1996. Frank received a B.A. from Colby College, cum laude, an M.A. from the University of California San Diego, cum laude, a J.D. from Vermont Law School, magna cum laude and LL.Ms from the University of Seville, Spain (Constitutional Law) and the University of Colorado Boulder (Entrepreneurial Law). Frank is fluent in Spanish, conversational in Portuguese and familiar with Chichewa, a Bantu dialect. He is also a licensed U.S. Customs Broker.