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.
Menu
“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.
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).
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.
Since implementation of the Agricultural Act of 2018 (“Farm Bill”) on January 1, 2019, we have had several business and individuals in Texas contacting our office regarding growing hemp in Texas. Most want to begin growing hemp on their land in Texas or want to know how to lease their land to a hemp farm in Texas. Unfortunately, hemp growth in Texas remains illegal.
We have a 2018 Farm Bill passed in Congress (finally!) The House just passed the vote on the 2018 Farm Bill (“Act”), which includes the full text of the Senate’s Hemp Farming Act of 2018. The Senate passed the Bill yesterday. The President will have ten days after the date on which he receives the enrolled bill to sign or veto the Bill.
Trademark Lawyer Chelsie Spencer was published in the State Bar of Texas Intellectual Property Section’s TipSheet Vol. 13 No. 2, discussing the USPTO’s treatment of trademark applications for goods containing cannabidiol. To view the article, continue reading below or click here.
Entrepreneurs start new businesses knowing they are taking certain financial risks. They recognize that their businesses may fail. Entrepreneurs also know that they can likely obtain some value from the sale, reorganization or liquidation of the failed business. The Bankruptcy Code facilitates the ability of companies to recover the value from the assets and business operations for the benefit of the creditors and equity holders. In this way, the Bankruptcy Code allows entrepreneurs to engage in risk-taking activities by protecting property rights of individuals and business entities.
Ritter Spencer Cheng attorney Chelsie Spencer is featured this morning on Fit Small Business. In the article, Top 28 Digital Branding Strategies, Mrs. Spencer advises content creators to ensure that the digital content they place online is legally protected.
Distinguishing your brand in the digital age can be a challenge, particularly due to the easy and instant access of information online and heightened market congestion. Digital theft of intellectual property is quite prevalent in the online age; however, content creators and brand owners can take steps to legally protect their works.
As a business lawyer, I receive this question from time to time:
“I started a small business and sold investments in it to my friends or family. Now some of them want their investment back, but we are using the money for the business, and we are still building it up. They say if they don’t get the money back they will sue. I am in charge of the company and I am the only one who can run it. What do I do?”
Recently, the United States Drug Enforcement Agency (DEA) issued an internal directive which will likely assist pending and future CBD trademark registrations with the United States Patent and Trademark Office. What is CBD you ask? CBD is an acronym for cannabidiol, a cannabis compound derived from the marijuana plant. Importantly, CBD is a non-psychoactive compound, meaning that it lacks THC (Tetrahydrocannabinol) – the cannabinoid compound associated with marijuana use. CBD has been added to a variety of goods, from oils, to vapor, to honey, to candies, and beyond.
At Ritter Spencer Cheng PLLC, the client comes first. We understand that your business and your intellectual property are your most valuable assets. Our firm practices business law, trademarks, copyright, business disputes, business bankruptcy and collections, commercial litigation, hemp and cannabis.
15455 Dallas Parkway, Suite 600
Addison, TX 75001
