Six Problems With the Revised TDA Hemp Production Plan

Our hemp attorneys recently sat down to identify six issues with the Texas Department of Agriculture’s (“TDA”) Revised Proposed Rules for Texas’ hemp program. If you are a hemp industry business, it is not too late to submit your comments directly to TDA. Comments on the Revised TDA Hemp Production Plan may be submitted HERE.

“GOOD STANDING” WITH THE TDA

As criteria for evaluation of an applicant for a hemp license, the Revised Proposed Rules require that an applicant “be in good standing with TDA.” What exactly does this mean?

Ritter SpencerSix Problems With the Revised TDA Hemp Production Plan
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Six Problems with the USDA’s Interim Hemp Program Rules

Over the next few days, hemp attorney Chelsie Spencer will be addressing issues that she has noted with the United States Department of Agriculture’s (“USDA”) proposed program rules, the Texas Department of Agriculture’s (“TDA”) Revised Interim Program Rules, and the Texas Department of State Health Services (“DSHS”). Keep in mind that these rules are all in their proposed period and that now is the time for the public to provide input. Today, we will be highlighting issues with the USDA’s program rules.

Comments on the USDA Interim Rules may be submitted HERE.

Ritter SpencerSix Problems with the USDA’s Interim Hemp Program Rules
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Revised TDA Hemp Production Plan Part III: Violations, Hemp Transportation, and Hemp Seed Requirements

By: Paul Stevenson

After learning the application and hemp license holder requirements in Part I of this Series and the rules and procedures regarding the sampling and testing of hemp in Part II, it is now time to turn to the TDA plan’s provisions covering violations, license suspension and revocation, hemp transportation, and hemp seed requirements. 

As a hemp license holder, if you violate the TDA plan, it is imperative to comply with any enforcement action or corrective action plan imposed by the TDA in order to avoid any further negative consequences for you and/or your hemp operations.

Ritter SpencerRevised TDA Hemp Production Plan Part III: Violations, Hemp Transportation, and Hemp Seed Requirements
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Revised TDA Hemp Production Plan Part II: Sampling & Testing of Hemp

By: Paul Stevenson

Now that you have read Part I of the Revised TDA Hemp Production Plan series on the application and license requirements for hemp producers, it is crucial to understand the rules and methods for the sampling and testing of hemp for tetrahydrocannabinol (“THC”) concentration levels. 

Ritter SpencerRevised TDA Hemp Production Plan Part II: Sampling & Testing of Hemp
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Revised TDA Hemp Production Plan Part I: License Requirements

By: Paul Stevenson

To conform with the United States Department of Agriculture’s (“USDA”) hemp production plan, the Texas Department of Agriculture (“TDA”) proposed its own hemp production rules and regulations (the “TDA plan”) to the Texas Register in December of 2019. The proposed rules were then revised and released on Friday, January 10th, and they are open to public comment until Monday, February 10th. Comments are to be submitted to Philip Wright, Administrator for Agriculture and Consumer Protection, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to [email protected]. If dissatisfied with any provision of the TDA plan, it is highly recommended to raise and send concerns to the TDA during this window for public comment.

Ritter SpencerRevised TDA Hemp Production Plan Part I: License Requirements
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H.R. 5587 Aims to Kickstart FDA Action and Legalize CBD Food Goods

It appears consumers are not the only group losing patience with the FDA’s progress on CBD legalization. On January 13th, 2020, a bipartisan bill to amend the Federal Food, Drug and Cosmetic Act (FD&C Act) regarding cannabidiol (CBD) and CBD containing substances was introduced in the U.S. House of Representatives. House Agriculture Committee Chairman Collin Peterson (D-MN) unveiled a simple bill drafted to intentionally include hemp-derived CBD beneath the definition of a “dietary supplement.” 

Ritter SpencerH.R. 5587 Aims to Kickstart FDA Action and Legalize CBD Food Goods
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5 Things to Know About Chapter 11 Bankruptcy

Although bankruptcy can seem like an intimidating subject, business owners can tackle this complex process with help from an experienced commercial bankruptcy attorney. Each chapter of bankruptcy is different and has its own unique requirements, which is why businesses should speak with competent bankruptcy counsel at the first sign of financial trouble to have the best chance of a favorable outcome in court. Ritter Spencer, a Dallas law firm that specializes in Dallas bankruptcy filings, can help your business understand Chapter 11 bankruptcy and determine if it is the right financial move for your company.

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What is a Cannabis Business Lawyer? An Overview

As the cannabis industry continues to grow in every sector, more businesses are turning to cannabis business lawyers and CBD business lawyers for guidance and counsel to better navigate legal processes and regulations. But what exactly is a cannabis lawyer, and why are they necessary? Where did they come from, and what do they bring to the table? Below, we break down the experience and importance of cannabis law firms to offer insight into their development and the benefits they provide.

Ritter SpencerWhat is a Cannabis Business Lawyer? An Overview
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Starting a Cannabis Company: Things to Know

The cannabis industry is complex and competitive, but it is also extremely appealing to young entrepreneurs and investors alike as it continues to shift away from negative stigmas and into a more defined regulatory pathway. The rapid growth of the industry attracts cultivators, extractors, retailers, and more, and like many people entering this complicated space, you may feel overwhelmed with where to begin. Whether you’re considering opening a dispensary business, a CBD business, an ancillary cannabis business, or simply obtaining a hemp license, we’ve put together a guide to starting up a cannabis company to further your understanding of the necessary moving parts and details.

Ritter SpencerStarting a Cannabis Company: Things to Know
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Arbitration Versus Mediation: What’s the Difference?

When business disputes arise, owners and managers must determine the method of resolution that is most likely to produce a compromise between the two disputing parties. Arbitration and mediation are two alternative dispute resolution (ADR) strategies that are designed to resolve conflict outside of the court system. Read below to learn more about the difference between arbitration and mediation and the advantages of each. For businesses interested in alternative dispute resolution, you can rely on Dallas commercial business litigation attorney, David Ritter, to guide your business through this complex process and find the best outcome.

Ritter SpencerArbitration Versus Mediation: What’s the Difference?
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