HB 1325: Hemp Growth in Texas; Part I: Timing

Yesterday, the Texas House of Representatives took a historic voice vote on HB1325 (the “Bill”).  HB1325 is an act which, if passed, will permit growth of hemp as an agricultural commodity in Texas and will allow sale of hemp products in Texas. At the voice vote, Representative King offered a floor amendment making minor changes to the Bill’s text, which was passed. Today, the House entered its formal vote for passage of HB1325.

Cannabis Banking: Safe Banking Act Passes House Committee

What is one of the biggest problems facing cannabis businesses today? What to do with the money. Currently, most banks are reluctant to service cannabis businesses as such activity could threaten the bank’s charter since marijuana remains a Schedule I substance federally.  Cannabis banking is certainly a risk for a chartered bank. Cannabis businesses cannot generally use credit cards or electronic funds transfers. Cash, which is fraught with risks, is sometimes the only way to operate.

Hemp to Be Descheduled By SHS in Texas

Hemp will be descheduled in Texas on April 5, 2019 by the Texas Department of Health Services. If you have been following the blog, then you know that hemp and CBD are both considered illegal substances under current Texas statutory law. However, we  have some clarity and action from the Texas Department of State Health Services (“SHS”) in relation to its scheduling of controlled substances. The Department has descheduled hemp in Texas from its list of controlled substances. The Drugs and Medical Devices Division of SHS is responsible for the scheduling of controlled substances for SHS. SHS has the power to amend its scheduling of controlled substances anytime that a change in federal scheduling has occurred.  Tex. Health & Safety Code § 481.034 (g) (available here).

Is CBD Legal? Part III: Texas Law

If you live in Texas, you have probably noticed some of the recent news segments and articles regarding the question of whether CBD is legal in Texas. Currently, there are several Texas counties that are actively raiding stores selling CBD goods and seizing those goods. Others are charging and prosecuting end-users of CBD products. On every news article or social media posting referencing these enforcement activities, you will quickly identify several people boldly instructing everyone that “hemp is legal in all fifty states,” that “Texas is wrong because the Farm Bill legalized hemp everywhere,” or worse, urging others to sue the state of Texas for enforcing its criminal laws. We’re here to clear the air and to answer the pressing question of whether CBD is legal in Texas. Forewarning, this is not going to be a short article; however, if you can stick it out until the end, you will have a great understanding of the law here in Texas and how that law interacts with federal laws on hemp.

Is CBD Legal? Part II: The FDA

After reading Part I of the Is CBD Legal series, you may be prepared to defend the statement that hemp-derivatives sourced from hemp grown pursuant to a pilot program under the 2018 Farm Bill are perfectly legal at the federal level and that CBD is legal. “Not so fast,” says the United States Food and Drug Administration (“FDA”).

Is CBD Legal? Part I: Federal Law

“Is CBD legal?” Our hemp lawyers hear this question quite frequently and over the next week, we are going to attempt to dissect this question at the federal and state level.

Texas Supreme Court Declines to Decide Whether Anti-SLAPP Motion Applies in Pre-Suit Depositions in Texas

The Texas Supreme Court punted on deciding an important issue for litigants facing online defamation and disparagement in Glassdoor, Inc. v. Andra Group, LP, No. 17-0463 (Tex. January 25, 2019).

Chelsie Spencer Featured on “Cannabis and Credit Unions: The Opportunities and Risks”

Ritter Spencer Cheng Attorney Chelsie Spencer is featured on “Cannabis and Credit Unions: The Opportunities and Risks” podcast with Robert McGarvey, who recently interviewed Ms. Spencer on issues facing credit unions seeking to service cannabis accounts. Mr. McGarvey is an expert in credit union technology and frequently covers issues affecting the credit union industry.