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PsychedeLinks – March 17, 2023

PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.

 Emerge’s Hot Take

Oregon Closer to Magic Mushroom Therapy, But Has Setback
Last week, more than 100 future Oregon facilitators graduated from InnerTrek’s psilocybin facilitator training program. Congrats to those students! Soon enough those facilitators will be licensed by the Oregon Health Authority (OHA) and ready to provide psilocybin services to clients. But without any currently licensed OHA services centers or manufacturers, there are no clients for facilitators to guide and no psilocybin products to administer. It’s a classic chicken and egg scenario. It isn’t clear yet how many service centers will be licensed and operational by the end of the year and many facilitators may be without a job for longer than initially anticipated. “The service center to facilitator ratio may be out of whack for quite some time. So, facilitators will be forced to wait it out, apply for service center licenses of their own to address the bottleneck, or maybe even turn (or return) to the underground,” says Emerge attorney Kaci Hohmann.

 Other Noteworthy News

Psychedelics Could Revolutionize Couples Therapy
“Proponents of psychedelic use expect the U.S. Food and Drug Administration (FDA) to approve MDMA as a treatment for post-traumatic stress disorder (PTSD) within the next two years. If that happens, it could potentially open the door to other therapeutic uses of the drug—possibly including couples therapy. Research on MDMA in couples therapy is limited, but the practice has a long history. Some therapists legally used MDMA in couples counseling in the 1970s and 1980s. Effective as they can be, though, experts say it’s a mistake to think that psychedelics offer a one-way ticket to marital bliss.”
Vermont Legislators File Four Bills that Would Legalize Psychedelics and Decriminalize All Drugs
“Four major drug reform bills have been introduced in the Vermont State Legislature to decriminalize simple possession of all drugs, expand harm reduction services, remove criminal penalties for using and selling psilocybin and decriminalize certain psychedelic plants and fungi. Nearly a third of their 150-member House of Representatives have co-sponsored H.423, an all-drug decriminalization legislation sponsored by Reps. Logan Nicoll (D) and Taylor Small (P/D). Rep. Vyhovsky (P/D) has joined forces with ten other senators on the S.119 companion bill, making Vermont on its way to becoming the promised psychedelics land. H.439, sponsored by Rep. Brian Cina (P/D), would completely decriminalize psilocybin, mescaline and peyote in Vermont by removing them from Vermont's definition of hallucinogenic drugs. S.114 ,the other proposed bill by Sen. Martine Gulick (D) would not only remove the famed psilocybin mushroom from Vermont's drug classification, but also take an entire step above her colleague's effort to create a working group dedicated to studying the potential physical and mental health benefits of these substances. The specific psilocybin bill has been assigned to the Senate Health and Welfare Committee for deliberation, while all other related bills have been referred to their respective chamber's judiciary committee.”
Washington Senate Approves Scaled-Down Psilocybin Bill to Prepare State for Future Psychedelic Services
“The Washington State Senate has approved a bill to create a task force promoting research into psilocybin and developing a pathway for legal access to the psychedelic.
The legislation from Sen. Jesse Salomon (D)—which was effectively gutted in an earlier Senate committee to exclude original regulated access provisions—cleared the full chamber in a 41-7 vote on Tuesday. It now heads to the House. Senate Democrats cheered the passage, but advocates remain disappointed about the extent to which the bill was watered down in committee. That 81-page bill was reduced to an eight-page bill mandating the formation of a task force to explore regulatory pathways for the psychedelic in the future. It’s possible, of course, that House lawmakers may seek to further amend it in their chamber.”
Colorado’s Proposition 122: Too Soon for the Mushroom Boom?
“Is Colorado's passage of Prop. 122 a bridge too far for federal law enforcement? We have yet to see what the federal government's enforcement position will be with regard to legalizing magic mushrooms, much less DMT or Mescaline. Will the Department of Justice sit back and allow states to continue to legalize other Schedule 1 Controlled Substances without some federal interference? Alternatively, will Merrick Garland's Department of Justice issue a "mushroom memorandum" akin to the now-rescinded Cole Memorandum of 2013 for cannabis? As they say, history is often bound to be repeated. While Psilocybin may have a faster federal legalization trajectory than cannabis has, Colorado is wise to create a robust regulatory framework to stave off possible federal enforcement of the Controlled Substances Act. Industry participants need to understand the potential risks, and armed with a hefty dose of risk tolerance, seriously address compliance with state law. Is it too soon for a mushroom boom? We will have to wait and see.”
Vancouver Company Inks MDMA and Psilocybin Distribution Agreement in Australia
“Vancouver-based drug manufacturer and formulator Optimi Health has signed a distribution agreement to supply the Australian market with its MDMA formulation and psilocybin capsules. The products will be exported to Australia by July 1, 2023, when authorized psychiatrists can begin prescribing MDMA and psilocybin for specific mental health conditions. The distribution agreement is with Mind Medicine Australia (MMA), a leading charitable organization and patient advocacy group seeking to expand access to legal psychedelic-assisted therapies, and marks Optimi Health’s first international MDMA and psilocybin sale. All products destined for the Australian market will be manufactured, encapsulated and packaged inside Optimi’s facility under GMP-compliant protocols, and will follow Health Canada’s controlled substances export laws. To provide equitable access to its products, Optimi will allocate a percentage of product sales towards a fund managed by MMA to assist low-income earners and others who face systemic barriers to access, with those details to be announced in the coming weeks.”

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PsychedeLinks – March 3, 2023

PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.

 Emerge’s Hot Take

DEA Proposes New Telemedicine Regulations
The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the Act) amended the Controlled Substances Act (CSA) in an attempt to prevent the illegal distribution of controlled substances on the internet. Among other things, the Act required an in-person medical evaluation as a prerequisite to prescribing or otherwise dispensing controlled substances online. One exception allowed DEA to waive the in-person requirement during the COVID Public Health Emergency (PHE). During the pandemic a number of companies began providing a not insignificant volume of controlled substances via telehealth, namely ketamine and Adderall, subject to this exception. However, that exception is set to expire on May 11, 2023, thrusting a nascent industry into uncertainty over the past few months. Analysts familiar with DEA’s intransigence and stall tactics predicted that the ketamine telehealth industry would be devastated by the expiration of the PHE declaration. In a surprise to most, on March 1, 2023, DEA issued a notice of rulemaking that would authorize telemedicine where 1) the prescribing practitioner has not conducted an in-person medical evaluation with the patient; 2) the prescription was issued pursuant to a telemedicine encounter and 3) the telemedicine encounter results in a prescription for controlled medications. There are some limitations, including that prescribing practitioners will only be able to issue telehealth prescriptions for up to a 30-day supply of a controlled substance, and there are labeling and recordkeeping requirements. Some telehealth providers and advocates have concerns about some of the limitations in the DEA’s proposed rules, but for ketamine in general, “this is an encouraging development from an agency that has earned a reputation for being dilatory and obstructionist at times”, says Emerge Of Counsel attorney, Matt Brockmeier.

 Other Noteworthy News

Bill Seeks Personal Data Collection On People Who Use Legal Psilocybin in Oregon
“State Sen. Elizabeth Steiner, D-Portland, wants the state to monitor whether Oregon’s landmark law allowing the controlled use of psilocybin is working as intended — and not just for ‘rich white people.’ The Oregon Senate Health Committee on Monday heard her bill, Senate Bill 303, which would require psilocybin service centers to collect data on the health, education, race, income and other sensitive information of adults that use the hallucinogenic drug under their supervision. Steiner’s bill is in response to concerns that Oregon’s psilocybin program will only be accessible to those who can afford what could be hefty price tags service centers charge. It’s also meant to answer questions about the effectiveness of the first-of-its-kind program, which was pitched to voters as a means to address mental health and included a requirement that a report be issued on safety and efficacy after the first two years. Opponents of the bill argue it will mean another administrative burden that will further drive up the cost of psilocybin sessions. They also say its data collection requirement will have a chilling effect on people who may already be wary of using the federally illegal drug for its purported benefits.”
New Mexico Lawmakers Approve Psilocybin Study Bill
“New Mexico lawmakers advanced legislation on Wednesday to create a state body that would study the possibility of launching a psilocybin therapy program for patients with certain mental health conditions who could benefit from using the psychedelic. The House Health and Human Services approved the bill, sponsored by Rep. Christine Trujillo (D), in a unanimous voice vote. The measure now heads to the House Appropriations & Finance Committee. The legislation would establish an eight-member Psilocybin Advisory Group appointed by the governor that would be responsible for studying and making recommendations on the ‘feasibility’ of creating a psilocybin therapy program. Members would specifically need to consider policies to create a regulatory framework for psilocybin cultivation, manufacturing and dispensing, as well as ‘treatment guidelines for the use of psilocybin-derived products to treat certain mental health issues, including patient selection and provider training and certification.’”
More and More Psychedelic Reform Bills in the Pipeline Throughout United States
“2023 has already shown extensive advances in the realm of psychedelic policy reform. About a dozen states in the US have put forward legislation that would see multiple psychedelic substances from ketamine, MDMA, psilocybin, and more receive downgraded criminalization designations. In addition, lawmakers are as open as ever to the idea of psychedelics’ therapeutic potential. Special task forces or state-sponsored research bodies have been created or are set to be voted on which would seek to properly educate voters and state governing bodies on the possibilities associated with psychedelic therapy. With direct support from the Governor’s office, two new psychedelic research bills have been unanimously approved by Hawaii’s Senate Ways & Means Committee. While not exactly psychedelic policy, an important bill is brewing in Colorado’s state legislature. It would allow cities throughout the state to institute “overdose prevention centers”, similar to those seen in Europe, where citizens could use drugs regardless of their legality in a medically supervised environment.”
Untangling Anorexia: Psychedelics Offer Hope for a Neglected Condition
“Characterised by self-starvation, anorexia nervosa is a psychiatric disorder that mainly affects adolescent women, who become invested in restricting their food intake. A fear of weight gain can morph into a general fear of loss of control. In the past, clinicians have looked to pharmaceuticals for help, but several antidepressants, antipsychotics and nutritional or hormonal supplements have failed in clinical trials[4]. As a result, no medicine has been licensed. Another approach attempts to reset the outlook of a person with anorexia nervosa with psychedelics. Several clinical trials of psilocybin — the active ingredient in magic mushrooms — are underway. ‘If you experience that you can still have life, that you can still have hope, this helps to motivate the patient for further therapy,’ says Hubertus Himmerich, a clinician and researcher at King’s College London, who is leading a trial of psilocybin for anorexia, using ‘COMP360’ tablets of synthesized psilocybin manufactured by COMPASS Pathways. Two other trials of psilocybin therapy for anorexia nervosa are also ongoing.”

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PsychedeLinks – February 17, 2023

PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.

 Emerge’s Hot Take

Lawmakers Could Limit Personal Psychedelic Rights Created by Prop 122
There’s been chatter coming from Colorado this week that lawmakers will move forward this session with legislation restricting the Natural Medicine Health Act (“NMHA”). The NMHA is a rather broad act with a decriminalization element allowing personal use, possession, cultivation, and adult sharing of five psychedelic medicines (psilocybin, psilocin, mescaline (excluding peyote), DMT, and iboga), and a regulated element allowing adult consumption at state-licensed healing centers. At a Boulder town hall meeting on February 13, 2023, Colorado Senator Steve Fenberg confirmed the Colorado legislature will consider specific limitations on cultivation, possession, and transportation restrictions for the decriminalization component of the NMHA. Other groups in Colorado are lobbying for local jurisdiction approval of cultivation and healing centers. Colorado is home to a growing and vibrant community of advocates and activists who are working tirelessly to ensure the healing potential of these medicines is fully realized. “In the months before the election, psilocybin advocates who supported decriminalization before commercialization voiced concerns that legislators would water down the hard-won ‘personal use’ provisions. It appears those fears have just been substantiated. It would be paternalistic and antidemocratic for legislators to defy constituents by substantially modifying the law at this point,” says Matt Brockmeier, Of Counsel Attorney at Emerge Law Group.

 Other Noteworthy News

Australian Approval of MDMA and Psilocybin a ‘Baby Step in the Right Direction’, Medical Experts Say
“The Therapeutic Goods Administration announced on Friday that, from July, approved psychiatrists would be able to prescribe MDMA (ecstasy) for post-traumatic stress disorder and psilocybin (found in magic mushrooms) for treatment-resistant depression. The move makes Australia the first country in the world to officially recognize psychedelics as medicines. Psychiatrists will need to get approval by a human research ethics committee, then approval under the TGA’s authorized prescriber scheme. To get those approvals they must demonstrate their training, robust patient selection and evidence-based treatment protocols, as well as patient monitoring. They must also satisfy governance and reporting criteria. Because there are are currently no approved Australian substances, the psychiatrist would also have to apply for a license to import them.”
Psychedelics May Be Part of U.S. Medicine Sooner Than You Think
“In Nov. 2022, the U.S. nonprofit Multidisciplinary Association for Psychedelic Studies (MAPS) announced that it had completed a second phase-three trial on MDMA as a treatment for PTSD—a step widely seen as the last hurdle to clear before applying for approval from the U.S. Food and Drug Administration (FDA). Rick Doblin, MAPS’ founder and executive director, says his group is preparing to apply for FDA approval based on those data. If all goes well, he says, the drug could be approved as soon as 2024. Australia’s approval of these drugs, Doblin says, may only expedite the approval process in the U.S. A representative for the FDA did not respond to TIME’s request for comment before press time. But in a May 2022 letter first published by the Intercept, a U.S. Department of Health and Human Services official wrote that FDA approval of MDMA and psilocybin was ‘anticipated’ within ‘approximately 24 months.’”
Arizona Lawmakers Unanimously Approve Bipartisan Psilocybin Research Bill
“Arizona lawmakers have approved a bill in committee to promote research into the medical potential of psilocybin mushrooms for a variety of conditions, which could inform future reforms to more broadly allow access to psychedelic-assisted therapy. The proposal is focused on psilocybin research, providing $30 million in grants over the course of three years for scientists to study the impact of the psychedelic on 13 different conditions such as post-traumatic stress disorder (PTSD), depression, anxiety, long COVID symptoms and substance misuse disorder. The research grants would be appropriated for phase I, II and III clinical trials that are “capable of being approved by the United States Food and Drug Administration (FDA) to evaluate the effects of whole mushroom psilocybin” for the designated conditions. A “Psilocybin Research Advisory Council” would be established under the Department of Health Services (DHS), tasked with establishing eligibility criteria for grant recipients, overseeing applications and making “recommendations to the governor, the speaker of the House of Representatives, the president of the Senate and the department on psychedelic-assisted therapy based on current federal and state research policy.”
Senator Pivots to Pilot Program to Legalize ‘Magic Mushrooms’ in Utah
“A lawmaker is paring down her plan to decriminalize magic mushrooms in Utah for patients suffering from certain conditions. Senate Bill 200, sponsored by Sen. Luz Escamilla (D-Salt Lake City), now aims to create a pilot program for patients to use psilocybin. She hopes that change might move it across the finish line. Escamilla’s plan would allow patients suffering from depression, anxiety, PTSD, or those on hospice care to use psilocybin. But it would cap the number of patients at 5,000. ‘This will be under a lot of control,’ said Escamilla. Her bill would also impose an end date to the pilot program so the Legislature can review it.”

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PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.
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PsychedeLinks – February 3, 2023

PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.

 Emerge’s Hot Take

Regulatory Hurdles Challenge Oregon Psilocybin Providers
Emerge attorneys, Dave Kopilak and Kaci Hohmann, are quoted in this Lucid News article along with other key individuals in the Oregon psilocybin services world. Ranging from insurance to land use to business realities, the article touches on the primary legal concerns facing prospective psilocybin business owners. In a public records request, the Oregon Health Authority disclosed that as of January 27, 2023, applications have been submitted for 6 manufacturer licenses, 3 service center licenses, and 1 laboratory license. These numbers reflect the contemplative approach that many prospective psilocybin business owners are taking in Oregon. As we progress through the year, we anticipate a moderate surge in license applications. Until then, we just have to wait to see how things shake out. As Dave mentions in the article, there is a concern that there may be too many facilitators and not enough service centers, at least at the outset. “I hope it will eventually stabilize into a sustainable, thriving ecosystem,” he says.

 Other Noteworthy News

Psychedelics Bills Filed in Four More States as 2023 Reform Efforts Heat Up
“Another series of psychedelics reform bills have been introduced in states from New Hampshire to Hawaii, building on the movement that’s seen exceptional activity in the 2023 session. Sen. Ron Kouchi (D) [in Hawaii] filed a bill to create a “therapeutic psilocybin working group” that would be tasked with studying the “medicinal and therapeutic effects of psilocybin or psilocybin-based products” for conditions such as anxiety, depression and post-traumatic stress disorder (PTSD). The body would also need to look into the efficacy of therapeutic psilocybin programs that are being implemented in Colorado and Oregon. A bill from Rep. Matthew Santonastaso (R) [in New Hampshire] would simply remove the psychedelic DMT from the list of controlled substances under state statute. A Republican New Hampshire lawmaker also recently filed a bill to legalize the possession and use of psychedelics like psilocybin and LSD by adults 21 and older. Sen. Nathalia Fernandez (D) [in New York] has filed a bill to legalize psilocybin therapy for patients with qualifying conditions. Under the proposal, people could receive psilocybin treatment from a certified facilitator in a clinical setting, or at their home if they’re unable to travel. In Utah, Senate Minority Leader Luz Escamilla (D) has announced plans to soon file legislation to legalize psilocybin for people with serious mental health conditions. In West Virginia, Rep. Kayla Young (D) filed a bill that would simply remove psilocybin, marijuana and THC from the state’s list of controlled substances.”
Colorado Appoints Natural Medicine Advisory Board to Share Psychedelic Program
“On Friday, Governor Jared Polis announced members of the Colorado Natural Medicine Advisory Board. This fifteen-member board sits within the Department of Regulatory Agencies (DORA), where it will advise regulators drafting rules for the state’s psilocybin program. The board consists of two types of appointees. The first group will serve two-year terms, and the second will serve four-year terms. All but one of the appointed members reside in Colorado. At least on the surface, few board members appear to have experience directly related to psychedelics. Several board members have experience related to drug policy or substance use treatment.”
Senator to Present Medical Hallucinogens Legalization Bill
“A senator with the Ecological Green Party of Mexico (PVEM) has committed to presenting a bill to legalize and regulate natural hallucinogenic substances such as psilocybin for the treatment of mental health problems such as depression and anxiety. The PVEM senator told forum attendees — among whom were indigenous leaders, traditional healers and scientists — that in Mexico’s indigenous towns, there is ‘infinite wisdom and knowledge about psilocybin mushrooms and what they can do for people’s mental health.’ There has been a “prohibitionist policy” on natural hallucinogens since the 1960s, and the General Health Law considers such substances as ‘psychotropic with no therapeutic value’ and a ‘problem for public health,’ she added. The senator said that several countries have decriminalized substances such as psilocybin to treat mental health disorders and it’s ‘urgent’ for Mexico to do the same.”
Baylor Launches Program Focused on Bioethics and Health Policy of Psychedelics Research
“Research into the medical use of psychedelics to treat mental health is on the rise, but the impact of this research remains unclear. To address questions around this issue, the Center for Medical Ethics and Health Policy at Baylor College of Medicine is launching a new program to explore Ethical and Legal Implications of Psychedelics In Society (ELIPSIS). As part of the new program, experts will outline policies and ethical guidelines for psychedelic research, examine legal implications of psychedelic use for medical care, measure psychosocial impacts of psychedelic research and help to train the next generation of scholars interested in ethical and policy issues related to psychedelics. A multidisciplinary team of experts in bioethics, social science, medicine, health policy and law will study the ethical legal and social implications of this research.”

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Psychedelinks – January 20, 2023

PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.

 Emerge’s Hot Take

Lawmakers Are Already Pursuing Psychedelics Legislation in Nearly a Dozen States for 2023
Efforts to decriminalize or legalize psilocybin and other psychedelics across the United States is off to a racing start in 2023, and these bills are being introduced on a bipartisan basis. Just this week a Republican lawmaker in New Hampshire filed a bill to decriminalize possession and use of psychedelics and a Republican lawmaker in Missouri introduced legislation to create a regulated system for access to psilocybin for certain conditions, such as PTSD and depression. Similarly, Democrat lawmakers in Washington and New York have filed bills to decriminalize and create legal access pathways to psychedelics. Similar efforts are occurring in a handful other states. “The excitement around psychedelics is palpable and I’m thrilled to see the general public and lawmakers embracing plant medicine which we know has so much potential healing power for our communities,” says Emerge attorney Kaci Hohmann, “but I also hear the calls for caution in an effort to not risk federal intervention. This is a time to be collectively mindful of our approach to ensure the best possible outcome for those who will benefit from these medicines the most.”

 Other Noteworthy News

Alberta’s New Policy on Psychedelic Drug Treatment for Mental Illness: Will Canada Lead the Psychedelic Renaissance?
“Patients in Alberta will now be able to legally consider adding psychedelic-assisted therapy to the list of treatment options available for mental illnesses. As of Jan. 16, the option is available only through registered and licensed psychiatrists in the province. Alberta’s new policy may set a precedent that moves Canadians one step closer to accepting psychedelics as medicinal substances, but historically these drugs were widely sought out for recreational and non-clinical purposes. Health Canada has provided exemptions for the use of psilocybin for patients with end-of-life anxiety, and has started approving suppliers and therapists interested in working with psychedelic-assisted psychotherapy. Training programs for psychedelic therapists are popping up across Canada, perhaps anticipating a change in regulation and the current lack of trained professionals ready to deliver psychedelic medicine. Canada has an opportunity to take the lead once more in this so-called psychedelic renaissance. But, it might be our chance to invest in more sustainable solutions to harm reduction and ways of including Indigenous perspectives, rather than racing to push psychedelics into the medical marketplace.”
Race and Ethnicity Appear to Play an Important Role in the Link Between Psychedelic Use and Mental Health Outcomes
“New research has found that race and ethnicity moderate the associations between the use of psychedelic drugs and major depressive episodes in a large, nationally representative sample of U.S. adults. The findings have been published in the Journal of Psychopharmacology. ‘I was interested in the topic because there is a lack of research about psychedelics, race, and mental health,’ said study author Grant M. Jones, a clinical psychology PhD student at Harvard University. ‘Most of the treatment studies have been conducted using majority White samples. So for me, this is my way of starting to raise questions and launch inquires into the intersection of psychedelics, mental health, and race — and seeing how identity might impact the associations that psychedelics have with mental health.’ However, Jones noted that the findings are correlational. “It doesn’t mean that psychedelics have weaker effects for treating mental health disorders for racial and ethnic minorities,’ he said. It is also possible that unaccounted demographic factors contribute to the observed findings.”
Illegal Shroom Dispensaries in the US and Canada are Getting Busted
“It’s not legal anywhere in the US to sell retail psilocybin products[.] It’s the same in Canada, even though one province just reportedly covered the cost of magic mushrooms therapy for two patients. But where there is demand, there will be supply. In Florida, a CBD dispensary which made headlines for selling amanita muscaria, the iconic red and white spotted psychedelic mushroom that does not include the prohibited psilocybin, has been forced to pull the products following a visit from the state’s department of agriculture and consumer services. This all comes shortly after the two owners of Shroomyz, a store in Toronto, were arrested and charged for selling psilocybin products. Other stores operating in Vancouver and Ontario remain unscathed, including another Shroomyz outlet in Ottawa. Meanwhile, an increasing number of stores in New York City and elsewhere have also allegedly been selling products such as magic mushroom chocolate bars, sometimes surreptitiously.”

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Psychedelinks – January 6, 2023

PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.

 Emerge’s Hot Take

Legal Use of Hallucinogenic Mushrooms Begins in Oregon
This week, the New York Times published an article detailing the commencement of the United States’ first regulated psilocybin program in Oregon. The Oregon Health Authority has finally released the final rules for the Oregon Psilocybin Services Act that we’ve all been waiting for and as of January 2, 2023, the public can apply for a license to become a registered facilitator, manufacturer, service center, or laboratory. Emerge attorney Sean Clancy is reflecting on the journey and says, “we have come a long way since May 2019, working with Tom and Sheri Eckert in our conference room to craft a state-legal legislative framework for accessible psilocybin services. Being the first to finally explore a new area is an exciting and uncertain thing, but Oregon has always been a pioneer state and we’re excited to support the responsible exploration of psilocybin services.”

 Other Noteworthy News

Psychedelics Like Psilocybin Are Now Legal in Colorado with Governor’s Proclamation on Voter-Approved Ballot Measure
“Certain psychedelics are now officially legal to possess and grow in Colorado under state law, with the governor formally declaring the results of a ballot initiative that voters approved last month. Gov. Jared Polis (D) issued the proclamation on Tuesday, along with seven others for separate ballot measures, about a week earlier than he’s required to do under the state Constitution. While there are still several steps that must be taken to fully implement other aspects of the reform—which also involves creating “healing centers” for supervised psychedelic sessions—possession, cultivation and sharing of certain substances by adults 21 and older is now legal under state law. At the state level, the next step is for the governor to make appointments to a new Natural Medicine Advisory Board under the Department of Regulatory Agencies to assist with implementation. The voter-approved law directs him to make his picks by January 31, 2023.”
California Bill Builds on Reforms that Could Herald the Surprisingly Fast Collapse of Psychedelic Prohibition
“This month a California legislator introduced a bill, S.B. 58, that emulates Colorado's new policy, aiming to legalize the possession, preparation, noncommercial transfer, and transportation of [psilocybin, psilocyn, dimethyltryptamine, ibogaine, and mescaline] by adults 21 or older. Unlike the Oregon and Colorado initiatives, S.B. 58 would not authorize state-licensed businesses where people can obtain and use psychedelics. But it would remove the threat of arrest or prosecution for users of the covered psychedelics, and it would allow noncommercial production and sharing. Compared to the gradual collapse of marijuana prohibition, psychedelic policy seems to be shifting remarkably fast.”
New York Lawmakers File a Bill to Legalize Natural Psychedelics
“As the psychedelic revolution continues to spread across the US, New York lawmakers have thrown their hat in the ring and pre-filed a bill aiming to legalize certain natural psychedelics. The new bill, which will be officially introduced this week, would: Legalize adult possession and use of certain natural plant or fungus-based hallucinogens; Grant certain protections for individuals lawfully using such hallucinogens; Remove such hallucinogens from the list of schedule I controlled substances; [and] Make related provisions. The measure would legalize the use of some natural plant or fungus-based hallucinogens, including DMT, ibogaine, mescaline, psilocybin and psilocyn, recategorize them and eliminate their status as prohibited substances.”
Psychedelic Drugs May Launch New Era in Psychiatric Treatment, Brain Scientists Say
“One of the hottest tickets at this year's Society for Neuroscience meeting in San Diego was a session on psychedelic drugs. About 1,000 brain scientists squeezed into an auditorium at the San Diego Convention Center for the symposium, called Psychedelics and Neural Plasticity. Brain plasticity may explain why a single dose of a psychedelic drug can have a long-lasting impact on disorders like anxiety, depression and PTSD. The fact that psychedelics were featured at the world's largest meeting of brain scientists suggests the drugs are poised to enter the scientific mainstream.”

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Psychedelinks – December 23, 2022

PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.

 Emerge’s Hot Take

Oregon Psilocybin Entrepreneurs Navigate Business Requirements
Read Lucid News’ article discussing how Oregon psilocybin entrepreneurs can navigate business requirements to open treatment centers as supervised use of the substance becomes legal in the upcoming 2023 year. Initially, each business must understand that psilocybin continues to be a schedule one substance which presents a risk with many unknowns. Emerge Law Group’s, Dave Kopilak, believes that it will be similar to how the cannabis industry rolled out. At the Horizon’s Conference in Oregon, Kopilak said, “Sometimes folks in the psychedelics industry roll their eyes and say, ‘Well, we’re not cannabis.’ I totally get it. But some of the legal issues we encountered for cannabis are identical, and the psychedelic industry will encounter those exact federal issues.” Kopilak emphasized that it depends on the U.S. Department of Justice choosing not to prosecute psilocybin providers.
Given the federal status, taxes and banking are going to be huge hurtles on the road. Businesses will be dealing in cash, and without some form of federal protection, such as the Cole Memo for cannabis businesses, mainstream banks will be unlikely to extend services to businesses “touching the fungi” so to speak, and tax deductions are minimal.
State regulations further complicate the process with owner residency and disclosure requirements. Kaci Hohmann of Emerge Law Group explained that more than 50% ownership interest must be held by Oregon residents and have lived in the state for at least 2 years. She further explained that “Certain applicants are going to have to submit to a criminal background check,” warned Hohmann, “Although personally identifiable information is exempt from public records requests.”
Read more about how to navigate the complicated business requirements.

 Other Noteworthy News

Magic Mushrooms Would Be Decriminalized In California Under New Bill
The possession and personal use of certain psychedelic drugs such as “magic mushrooms” and ayahuasca would be decriminalized in California under a bill introduced Monday backed by mental health professionals and veterans groups. Supporters of Senate Bill 58 say that the legislation is a step toward ending California’s “war on drugs” and that decriminalizing psychedelics could pave the way for better treatment options to alleviate substance use disorders and other health issues such as anxiety and depression. The bill will likely face opposition among law enforcement groups, which have raised concerns in recent years with the possible public safety risks associated with hallucinogens. State Sen. Scott Wiener (D-San Francisco) reintroduced the bill roughly four months after an earlier version was gutted in a key state Assembly committee amid opposition from law enforcement and a handful of Democrats who joined Republicans in voting against it. The new proposal excludes synthetic psychedelics including LSD and MDMA, known commonly as ecstasy, which were included in the previous iteration.
Psychedelic-Assisted Therapy Coming To A Health Plan Near You
Fifty years ago, it sounded unthinkable. Even a decade ago, it seemed like a fantasy. But in 2022, the use of psychoactive chemicals for therapeutic purposes is finally gaining traction. That movement is worth pondering for the design of future mental health benefits. A winding down of the War on Drugs and gradual reconsideration of controlled substances' place in society has allowed commercial and private re-examination of their use. It has also encouraged scientific and mental health professionals to study the efficacy of psychedelics such as ketamine, MDMA and psilocybin in the treatment of depression and other mental health conditions. With the number of cases involving mental illness unfortunately rising dramatically in recent years, psychotherapists are interested and invested in new avenues of research surrounding their treatments.
Quebec Approves Health Coverage For Psilocybin Therapy
Quebec this week advanced the acceptance of psychedelic therapies by becoming the first governing medical body in Canada to publicly fund medical psilocybin-assisted psychotherapy. The move marks a milestone in the recognition of psilocybin, the primary psychoactive in “magic mushrooms,” and sets a precedent for other Canadian provinces to take similar action. “This decision is a huge step forward for the use of psilocybin-assisted psychotherapy as a legitimate medical treatment, TheraPsil, a nonprofit group that advocates for the advancement of psilocybin therapies, wrote in a statement on December 15. “It not only provides greater access to this potentially life-changing treatment for patients in Quebec, but it also sets a precedent for other provinces to follow suit.”
A Psilocybin Advocate Considers Lessons From Portland’s Shroom House
For six weeks, Shroom House sold psychedelic mushrooms from a shop on West Burnside. It wasn’t a psilocybin speakeasy. Shroom House advertised with seven signs, including a billboard across the street. It tweeted news stories from WW and others. Thousands flocked to the store, some waiting six hours to buy what has lately been hailed as a wonder drug. Rigorous academic research shows that psilocybin can help with depression, alcohol abuse, and post traumatic stress disorder. And tripping is fun. Shroom House on Burnside was the company’s second store. It has another one in Vancouver, B.C., where at least five shroom shops operate in violation of Canadian law. The holiday wonderland vanished early last Thursday, when police raided Shroom House, arresting the owner, a hip-hop artist from Canada named Tony Tachie, and several employees. A judge set Tachie’s bail at $1.5 million, quashing the notion of a shroom-friendly Stumptown. So, what did we learn here? We asked Evan Segura, former president of the Portland Psychedelic Society, an all-volunteer organization that seeks to educate people about the power and potential of psychedelics. Segura stepped down from the top job just a few months ago and remains a member of the society.

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Psychedelinks – December 9, 2022

Psychedelinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.

 Emerge’s Hot Take

Students in Oregon Are Already Learning to Facilitate Psilocybin Experiences
Read The Oregonian’s article explaining the process to become a licensed psilocybin facilitator in Oregon, a process that is currently underway. As of today, 18 facilitator training programs have been approved by the Oregon Health Authority (OHA), and each program has the potential to churn out hundreds of trained facilitator graduates per year. Following graduation, facilitators must pass a state administered exam and are restricted to providing their services at licensed psilocybin service centers. Yet applications for service centers won’t be accepted by the OHA until January 2, 2023, and it remains to be seen how many service centers will apply for a license and be approved by the OHA. Funding and land use issues continue to be serious barriers for service centers and psilocybin services could be unaffordable for many people, creating a bottle neck for licensed facilitators. “There is a lot that remains to be seen in Oregon. Licensed facilitators may have a competitive journey ahead depending on a variety of factors, including how many service centers become operational and how many clients can afford to access these services,” says Emerge Law Group attorney Kaci Hohmann.

 Other Noteworthy News

Colorado Voted to Decriminalize Psilocybin and Other Psychedelics
“Colorado voters have approved the broadest psychedelic legalization in the U.S., which would decriminalize five psychedelic substances and enable adults to receive psychedelics at licensed centers. In addition to decriminalizing possession, it decriminalizes the growing and sharing of five psychedelics for personal use: psilocybin, psilocyn (a psychedelic also found in magic mushrooms), dimethyltryptamine (commonly known as DMT, which is found in plants and animals, including certain tree frogs), ibogaine (derived from the bark of an African shrub), and mescaline (which is primarily found in cacti; however, Prop 122 excludes peyote).”
Right-to-Try Psilocybin: Legal Battle With DEA Continues
“Aggarwal’s legal team are mounting the case that psilocybin does not meet criteria to be classed as a Schedule I drug as it has currently accepted medical use with severe restrictions, has been granted breakthrough status by the FDA and is considered an “eligible investigational drug” according to Right to Try law. Aggarwal also believes the rescheduling of psilocybin would be a gamechanger for physicians and researchers. It’s possible that the coming months will see even more developments unfold in the lead-up to the hearing at the Ninth Circuit Court of Appeal.”
Medical Insurance Providers Assess Benefits of Psychedelics Treatments
“While it is still unknown whether insurance will pay for psychedelics-based mental health treatment, there is some evidence that providers are at least looking for more data on the therapy. There are glimmers of hope for coverage of psychedelics. For example, the Affordable Care Act (ACA) and other federal laws and rules require most health insurance plans in the U.S. to cover some level of tobacco cessation treatments. Will that include psychedelics?”
A Canadian Psychedelic Drug Company Has Created Medical Grade Ayahuasca
“Not so long ago, if you wanted to explore the healing powers of ayahuasca, a psychedelic substance used in traditional medicine by Indigenous people in several South American countries, you pretty much had to travel to the Amazon rainforest. Now, for the first time ever, Filament Health, a Canadian psychedelic drug company, has created medical grade ayahuasca. Now, it’s not coming to a pharmacy near you anytime soon, but ayahuasca-assisted therapy might be an option in North America within 10 years.”

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Psychedelinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.
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Psychedelinks – November 18, 2022

PsychedeLinks is a weekly digest of news, business, and culture in the psychedelics industry curated by members of Emerge Law Group’s groundbreaking Psychedelics Industry Group.

Oregon Psilocybin Services Act

Nearly 70% of Oregon Bans Psilocybin, But Clinics Will Still Open Next Year
In last Tuesday’s election, 25 of Oregon’s 36 counties, along with numerous individual cities, voted to ban psilocybin use, the active ingredient in magic mushrooms. These bans come two years after the landmark 2020 vote to allow psilocybin use in the state.
Oregon Psilocybin Services Releases New Proposed Rules and Public Comment Period [Reminder: Closes Monday 11/21]
In another exciting step towards implementing psilocybin services, the Oregon Psilocybin Services (OPS) Section issued updated proposed rules under...

Legalization, Decriminalization, & Other State Efforts

A Psychedelic Caucus is Coming to Congress
FOR IMMEDIATE RELEASE: November 17, 2022 MAPS celebrates the formation of the Congressional Psychedelics Advancing Clinical Treatments (PACT) Caucus, announced today. Led by Representatives Lou Correa (D-CA) and Jack Bergman (R-MI), the caucus will consist of bipartisan members of Congress committed…
Local Illinois Lawmaker Pushes For Psychedelics Decriminalization With New Bill
An Evanston, Illinois lawmaker is sponsoring a new proposal to make the Chicago suburb the next U.S. city to decriminalize psychedelics. Councilmember Devon Reid’s proposal would make possessing, cultivating and delivering entheogenic substances like psilocybin punishable by a $100 fine without the…
Colorado Governor ‘Excited’ About Psychedelics Legalization Vote, Touting ‘Promising’ Medical Benefits Despite Not Endorsing Before Election
The governor of Colorado says he’s “excited” about the state’s historic vote last week to legalize psychedelics and create psilocybin healing centers, calling it a “promising” treatment option for certain mental health conditions. During an appearance on HBO’s “Real Time with Bill Maher” on Friday,…
Raids of Shroomyz and Lizard Labs Highlights Risks of Psychedelic Gray Market
Authorities in Canada and the EU have moved to shut down gray market psychedelic retailers and online sellers

Research, Therapy, & Science

Psychedelic Guides Trained In First-Ever UC Berkeley Program
Twenty-four advanced professionals — including doctors, nurses, social workers, psychologists and chaplains — are learning to be skilled psychedelic facilitators in research and therapeutic setting…
Promising Results From Psilocybin Trial For Treatment-Resistant Depression
Researchers have participated in the largest and most rigorous clinical trial to date of psilocybin (a psychoactive ingredient in magic mushrooms), pointing to the possibility that COMP360 psilocybin with psychological support could be a beneficial therapeutic strategy for people with treatment-resi…

Business

Psychedelics Stocks Jump as Colorado Voters Approve Initiative
With the midterms steadily drawing to a close, it is becoming clear that Americans were largely in support of drug reform. In Colorado, voters approved a ballot measure that would allow the purchase, possession and use of specific psychedelic fungi and plants. The measure will legalize the cultivati…
A (Living) List Of North America Psychedelic Dispensaries
Psychedelic dispensaries are opening up all over North America, here’s an updated list of where to find them

Culture

OPINION/REVIEW: Spiraling Down Wonderland’s Psychedelic Corporate Rabbit Hole
The self-dubbed “world’s leading psychedelic event” brought together a menagerie of industry titans, entrepreneurs, and psychedelic luminaries, showcasing the integration of psychedelics into our hypercommercial society.

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PsychedeLinks is a weekly brief on news, business, and culture in the psychedelics industry curated by members of Emerge Law Group's groundbreaking Psychedelics Industry Group.
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Psychedelinks – November 11, 2022

PsychedeLinks is a weekly digest of news, business, and culture in the psychedelics industry curated by members of Emerge Law Group’s groundbreaking Psychedelics Industry Group.

Oregon Psilocybin Services Act

Several Rural Oregon Counties Vote Against Therapeutic Use of Psilocybin
Voters across Oregon mostly voted against allowing the therapeutic use of the psychedelic drug psilocybin on Tuesday.

Legalization, Decriminalization, & Other State Efforts

Colorado Voters Approve Psychedelics Legalization Ballot Initiative
Colorado voters approved an initiative on the ballot to legalize possession of certain psychedelics and create psilocybin “healing centers” on Tuesday. More than four years after Denver became the first U.S. city to decriminalize so-called magic mushrooms, setting off a national reform movement, the…

Research, Therapy, & Science

How Psychedelics Can Transform End-of-Life Care
Psilocybin is on the ballot in Colorado this year—and the results could be transformative for people facing death.
What Promise Do Psychedelics Hold As Therapeutics?
When psychedelics were first studied more than 50 years ago, researchers noticed that they were useful in helping people explore a greater sense of self. Now, after a half-century hiatus, scientists are studying psychedelics like MDMA, psilocybin, and ketamine as treatment for depression, PTSD, anxi…
Psychedelics Can Treat PTSD, So Should They Be Given to Soldiers?
Welcome to the Dose, my weekly dispatch on the psychedelics and cannabis industries. At last week’s Wonderland Miami conference, panelists discussed psychedelics’ role in everything from trauma to sexuality and life extension. One topic in particular is at the heart of a decades-old controversy arou…
NIH-Funded Psychedelic Trial Will Study Whether Hallucinogens Can Help Smokers Quit
Early research has found that psilocybin, the psychedelic compound found in “magic mushrooms,” helped smokers kick the habit.

 Business

Insider’s Peek At Mammoth Of Psychedelics VCs, Palo Santo’s Investment Fundamentals & Specificities
(Part one of a four-part series) Daniel Goldberg and Tim Schlidt are co-founders and partners behind Palo Santo, one of the most remarkable VC funds investing in psychedelics today. The company recently closed a capital round of $50 million for investment in a diverse portfolio of psychedelic medici…
Sublingual Psychedelics Startup Nets $60M for Depression Trials
Investors are betting sublingual drug delivery can unlock the potential of a psychedelic,

Culture

Archaeologists Find a Trove of Ancient Human Sacrifices Fed Psychedelic Plants Before Death
In analysis of mummified heads and cadavers discovered on the Southern coast of Peru has pushed back the earliest known date of psychedelic cactus use and other psychoactive plants. Toxicology reports on five individuals who were ritually executed between 500 to 2100 years ago revealed the use of coca leaves (which contain cocaine), hallucinogenic San Pedro cactus and Banisteriopsis caapi, a plant often used in the psychedelic brew ayahuasca.

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PsychedeLinks is a weekly brief on news, business, and culture in the psychedelics industry curated by members of Emerge Law Group's groundbreaking Psychedelics Industry Group.
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FRANCHISE LAW

Franchisors

Franchise law is a heavily regulated area of law.  We help clients expand their businesses through franchising and other distribution methods. We have experience in many industries including, restaurants, health, and beauty, alcohol, and cannabis among others. Our representative services include the following:

Franchisees

We also help potential franchisees interested in buying a franchise. We are able to assist with evaluation of franchise opportunities with respect to:

Alternative Structures

However, not all businesses are suited to franchise. We are also experienced with helping clients structure alternative distribution methods to prevent classification as a franchise.

MERGERS AND ACQUISITIONS

Our M&A attorneys are highly experienced in counseling clients who are considering acquisitions or exit strategies.  We have many years of experience handling deals of various types and sizes, ranging from sales of small closely-held business, private companies, and publicly-traded corporations.  We have represented business owners, private equity firms and investment banks in a wide range of industries. 

We have a deep business bench, and Emerge attorneys have handled transactions of all shapes and sizes.  Whether your deal is valued at $100,000 or $100,000,000, our experienced attorneys will guide you through the deal process.

We understand the intensity, technical skill and judgment needed to get deals done, and we provide our clients with timely, practical and cost-effective legal advice.  We are highly capable in all aspects of M&A, including the following:

CANNABIS INDUSTRY

Emerge Law Group is highly experienced in the cannabis industry.  We have helped many clients obtain state licenses and local permits to operate cannabis businesses throughout California, Oregon, and Washington.

Emerge attorneys were instrumental in the drafting and passage of Oregon Measure 91, legalizing marijuana in the State of Oregon, and have represented cannabis businesses well before many law firms were willing to enter the cannabis industry. As a firm that has provided legal services in the cannabis space for many years, we are familiar with the unique and complex issues businesses and individuals face in an emerging and highly regulated industry.

We regularly help clients with:

Cannabis laws and rules are also regularly changing.  Members of our team are dedicated to attending legislative hearings, state agency and local city and county meetings to stay up-to-date on any new changes and how to adjust to any new changes.

See our Cannabis Industry page for more information.

PSYCHEDELICS

There is tremendous excitement about the potential for psychedelic drugs to benefit a wide variety of populations, including terminally ill patients suffering with anxiety and depression. Until recently, psychedelic substances have been accessible only in the illicit market and are illegal under federal and state to manufacture, distribute, or possess. These substances have, since 1970, been treated as having no legitimate medical use, and no commercial application. As such, no one invested in this area or required legal services, outside of the criminal context.

Today, researchers in a multitude of clinical studies are proving the medical safety and efficacy of these medicines, with the objective of changing the treatment of these substances under the Controlled Substances Act. Companies are now actively raising money to develop intellectual property and seize market opportunities associated with psychedelic drugs.

In addition, advocates at the state and local levels are not waiting for the rescheduling of these substances and are active in undertaking efforts to decriminalize these substances and/or make them affirmatively legal under state and/or municipal law. Decriminalization already has occurred in cities including Denver, Oakland, Santa Cruz, and Ann Arbor. Oregon is poised to be the first state to make psilocybin therapy affirmatively legal. Emerge Law Group is working with a wide array of clients pushing forward in this emerging area.

See our Psychedelics Practice Group page for more information.

TAXATION

CORPORATE AND PARTNERSHIP TAX

Businesses of all kinds benefit from a customized but systematic approach to structuring legal relationships. Emerge Law Group helps businesses and business owners with a variety of tax planning matters.

Representative client services include:

ESTATE PLANNING

Estate planning encompasses everything from a will and power of attorney to combined estate and business succession planning. In almost all cases, the purpose of the plan is to help the client protect those they care about most in the event they can no longer be there for them.

Emerge Law Group has experience with a wide range of tools used in estate planning, including wills, trusts, and family business entity planning.

TAX CONTROVERSIES

Emerge Law Group can assist with the resolution of difficult tax controversies. Our areas of emphasis and experience include:

REAL ESTATE TRANSACTIONS

Emerge Law Group assists clients with a wide range of real estate transactional matters.  We regularly help clients with:

LAND USE

Emerge Law Group also assists clients with all aspects of local government land use and development processes, ranging from preliminary property analyses and building permit issues to complex land use reviews and hearings. Our attorneys are experienced in obtaining land use entitlements and development permits for a wide range of uses.

We regularly help clients with:

Above all, we understand the value of working with cities and counties to enhance communities while developing the land to its potential. We strive to create solutions to land use issues that serve to better our clients and the communities in which they live and work.

LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION

The attorneys in Emerge Law Group’s Litigation and Alternative Dispute Resolution practice group litigate commercial, intellectual property, and public interest matters in state and federal courts, as well as private mediation and arbitration proceedings.  Our lawyers have represented national and regional financial institutions, major media, entertainment and technology companies, and other Fortune 500 companies in a broad array of high-stakes disputes.  Our team of litigators has handled leading cases that have shaped the law in cutting-edge business, technology, free speech, and public interest impact lawsuits in trial and the courts of appeal.

We have particular expertise in handling civil litigation and regulatory enforcement matters in the cannabis and psychedelic industries.  While many firms claim expertise in the these industries, few have our depth of experience successfully litigating contract, trademark, partnership, shareholder, land use, and real estate disputes in court and arbitration.  Even fewer firms have our level of experience handling writ of mandate proceedings against the government regulators.

Our litigators practice in California, Oregon, and Washington, but have appeared in state and federal courts nationwide.  Our knowledge of our clients’ businesses, goals and concerns, and our experience litigating at the highest levels, give us unique insight into possible outcomes and pitfalls as we continuously confront issues of new impression.

No matter what the industry, we pride ourselves in achieving our clients’ objectives through efficient and creative solutions primarily designed to avoid disputes in the first place—which is always the best litigation strategy.  Many times, our clients obtain excellent outcomes before or at the earliest stages of litigation because our adversaries quickly recognize the challenges they will face in litigating against us.  When litigation is unavoidable, however, we work hard to provide our clients with both cost-efficient and “big firm” quality representation.

 

INTELLECTUAL PROPERTY

Your intellectual property (or “IP”) strategy can harness your most valuable information and intangible assets including your name, your brand, your designs, your content, your services, and your products — what makes your business stand apart in a competitive world.  We can help you evaluate and build your IP portfolio, then secure it, monetize it, and protect it.

IP encompasses multiple areas of law and different types of information or material.

Our Intellectual Property practice focuses on:

TRADEMARK

Trademarks include names, signs, logos, designs, phrases, slogans, expressions, and sometimes even colors, sounds, or smells that identify or distinguish one business compared to others.  Trademark protection is fundamental in securing your “brand.”

COPYRIGHT

Copyright covers original works of creative authorship fixed in a tangible medium of expression.  This includes literary, dramatic, musical, and artistic works, such as poetry, novels, designs, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.  Depending upon the type of work, “moral rights” (such as the right of attribution) may be implicated as well.

TRADE SECRET

Trade secret laws can vary somewhat between states, but generally trade secrets cover information, including drawings, cost data, customer lists, formulas, recipes, patterns, compilations, programs, devices, methods, techniques or processes that derive economic value from not being generally known and are the subject of efforts that are “reasonable under the circumstances” to maintain secrecy.

PRIVACY

Depending upon where you live or operate, there is a special patchwork of laws and regulations that protect and regulate personal information.  If you are handling or giving out personal or potentially sensitive information, you may be implicating privacy laws.

PUBLICITY

Publicity rights address the commercial use of an individual’s face, name, image, or likeness.  These rights vary state-to-state.  Marilyn Monroe, for example, lived in multiple states which created complex questions about her publicity rights.

Our Intellectual Property services include:

FINANCIAL INSTITUTIONS

In states where new cannabis banking opportunities exist, Emerge Law Group has the proven expertise in creating canna-banking programs to efficiently capitalize on those opportunities. Our Banking Practice Group specializes in working with banks and credit unions to develop regulatory compliant programs and operational best practices. We also train banking staff to become experts in canna-banking so they can effective understand and manage the risk affiliated with canna-banking.

We regularly help clients with:

EMPLOYMENT LAW

At Emerge Law Group, we recognize that employees are the heart and soul of any successful business.  Our Employment Law Practice Group works with employers to help them effectively manage their workforce, navigate the complex web of federal, state and local employment laws and, if necessary, defend against claims before administrative agencies and in court.

We regularly help clients with:

CORPORATE FINANCE AND SECURITIES

Our corporate finance and securities lawyers are experienced attorneys who have practiced at large law firms, worked as in-house counsel for public companies and investment banks, and owned and operated start-up companies. We work with clients to help achieve their financing goals while safely navigating the highly technical securities law landscape. 

In addition to representing issuers, we also routinely represent institutional and individual investors, including in connection with fund formation and investments.

Our expertise includes:

We have a deep understanding of the financing options available to businesses, including simple unsecured loans, asset-backed financing, convertible debt, common and preferred equity, crowdfunding and various other structures.  We work closely with our clients to understand their business and financing needs, ensure they are prepared to approach investors and choose the right partners, structure and negotiate terms, navigate the due diligence process and successfully close the deal.

COMPLIANCE AND LICENSING

ALCOHOL AND BEVERAGE INDUSTRY

Emerge attorneys have represented businesses in the alcohol and beverage industry, including wineries, breweries, distilleries, restaurants, bars, movie theaters, golf courses, and gas stations.  We can help you vet new locations, acquire existing locations, and apply for the appropriate liquor license.  We also provide training to comply with applicable rules and regulations, prepare operating procedures, submit renewals, and keep clients protected in the event of any potential violations or administrative hearings.

CANNABIS INDUSTRY

Emerge Law Group is highly experienced in the cannabis industry.  We have helped many clients obtain state licenses and local permits to operate cannabis businesses throughout California, Oregon, and Washington.  We regularly help clients with:

Cannabis laws and rules are also regularly changing.  Members of our team are dedicated to attending legislative hearings, state agency and local city and county meetings to stay up-to-date on any new changes and how to adjust to any new changes.

See our Cannabis Industry page for more information.

PSYCHEDELICS INDUSTRY

Emerge Law Group is a leader in the psychedelics industry.  There is tremendous excitement about the potential for psychedelic drugs to benefit a wide variety of populations, including veterans struggling with PTSD and terminally ill patients suffering with anxiety and depression.  Until recently, psychedelic substances have been accessible only in the underground; they are illegal under state and federal law to manufacture, distribute, or possess.  These substances have, since 1970, been treated as having no legitimate medical use, and no commercial application.  As such, businesses have not invested in this area or required legal services, outside of the criminal context.

Today, psychedelics are proceeding toward legalization on multiple paths.  Researchers in a multitude of clinical studies are proving the medical safety and efficacy of these medicines, with the objective of changing the treatment of these substances under the federal Controlled Substances Act, opening legal access to them.  Private and public companies are now actively raising money to develop intellectual property and capitalize on the market opportunities associated with psychedelic drugs.  Opportunities to be early actors in this new arena are tremendous.

See our Psychedelics Practice Group page for more information.

BUSINESS AND CORPORATE

Our business transactions team is made up of highly experienced transactional attorneys who have practiced at large law and accounting firms, worked as in-house counsel for public companies and investment banks, and owned and operated start-up companies. We understand complex legal matters and provide high quality legal services in a cost-effective manner.  Our clients value our experience, knowledge and judgment.

ENTITY FORMATION

Our team routinely advises clients regarding:

CORPORATE GOVERNANCE

Emerge attorneys also advise on-going concerns with: