Marijuana Enforcement: By The Numbers

Marijuana Enforcement: By The Numbers

Over the past decade, a growing number of states have enacted marijuana legalization laws or have moved toward discretionary or non-enforcement policies for marijuana offenses, resulting in an overall decrease in arrests related to the substance. But how do the numbers differ from area to area or from race to race? Earlier this year, the American Civil Liberties Union (the “ACLU”) detailed a research report entitled A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform to examine racial disparities at a national, state, and county level regarding marijuana enforcement. Below, we take a closer look at the report and provide a detailed overview to further explore marijuana culture in the United States. 

July 6, 2020 , , , ,
Ritter Spencer, PLLCMarijuana Enforcement: By The Numbers
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CBD in Food and Dietary Supplements: What is the FDA’s Stance?

CBD in Food and Dietary Supplements: What is the FDA’s Stance?

Cannabidiol (“CBD”), a cannabinoid found in hemp plants, continues to grow in popularity as a market commodity. As a nonpsychoactive cannabinoid, CBD is enjoyed by a wide variety of consumers. It has become quite common to see CBD added to food or sold as dietary supplements for both people and pets, despite the fact that the U.S. Food and Drug Administration (“FDA”) maintains that both CBD and THC are illegal additives to food and beverages and that the products containing the substances cannot be sold as dietary supplements. Below, we explore the FDA’s current position on CBD in food and dietary supplements.

June 12, 2020 , , ,
MadisonCBD in Food and Dietary Supplements: What is the FDA’s Stance?
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Seven Problems with the DSHS Proposed Rules

Seven Problems with the DSHS Proposed Rules

Our hemp attorneys recently sat down to identify seven issues with the Texas Department of State Health Services (“DSHS”) Proposed Rules for Texas’ consumable hemp program. If you are a consumable hemp manufacturer, processor, distributor, or retailer, it is not too late to submit your comments directly to DSHS. Comments can be submitted to DSHS until June 7, 2020.

May 29, 2020 , , , , , ,
Ritter Spencer, PLLCSeven Problems with the DSHS Proposed Rules
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What To Look For In A Hemp Lawyer

What To Look For In A Hemp Lawyer

As the cannabis, hemp, and cannabidiol (CBD) industries continue to boom, legal cannabis businesses often find themselves in need of legal counsel. But how do you choose a hemp lawyer? The answer may depend on your specific situation. However, there are a few critical things to look for in a cannabis or hemp attorney. Below, we break down three key characteristics to help you identify an experienced hemp lawyer for all of your legal cannabis, hemp, or CBD needs. 

May 27, 2020 , , , ,
Ritter Spencer, PLLCWhat To Look For In A Hemp Lawyer
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DSHS Proposed Rules Part II

DSHS Proposed Rules Part II

If you joined us for Parts I through III of this Series, you will know that the Texas Department of State Health Services (“DSHS”) published its proposed rules to govern the Texas consumable hemp program (the “DSHS Proposed Rules”) in the Texas Register on May 8, 2020. The DSHS Proposed Rules are open for public comment for 31 days, meaning the public comment period closes on June 7, 2020. To provide comment on any of the draft rules, you can submit your comments directly to DSHS via email to [email protected]. When emailing comments, you will need to indicate “Comments on Proposed Rule 19R074 Hemp Program” in the subject line. Written comments may also be submitted to Rod Moline, Ph.D., R.S., Section Director, Mail Code 1987, Texas Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347. 

May 19, 2020 , , , , , , ,
Ritter Spencer, PLLCDSHS Proposed Rules Part II
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DSHS Proposed Rules

DSHS Proposed Rules

On June 10, 2019, Texas Governor Greg Abbott signed HB 1325, legislation pertaining to hemp growth and consumable hemp products, into law in the state of Texas. To conform with Texas Health and Safety Code, Chapter 443, as amended by HB 1325, Texas Department of State Health Services (“DSHS”) has published its proposed rules to govern the Texas consumable hemp program (the “DSHS Proposed Rules”) in the Texas Register. Under the DSHS Proposed Rules, a “consumable hemp product” is defined as 

May 14, 2020 , , , , , , ,
Ritter Spencer, PLLCDSHS Proposed Rules
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Coronavirus and Cannabis: Force Majeure Litigation

Coronavirus and Cannabis: Force Majeure Litigation

Rocky, troubling, tumultuous, uncertain, uncharted, unprecedented, and unpredictable times: due to the novel coronavirus, COVID-19, we continue to see these ominous descriptions in coronavirus coverage. Society has had to adapt as this pandemic ravages our way of life. Businesses throughout the world are dealing with the economic fallout COVID-19 has caused, and the cannabis industry is no exception. Numerous cannabis companies, already plagued by financial woes prior to this pandemic, are struggling or are unable to perform contract obligations. A prime example of this is illustrated in the ongoing lawsuit between Kentucky hemp company Third Wave Farms, LLC (“Third Wave”) and Oregon CBD processor Pure Valley Solutions, LLC (“Pure Valley”). Third Wave sued Pure Valley to get out of their contract based on obligations Pure Valley allegedly was unable to meet and based on the force majeure clause of the contract coming into effect.

May 5, 2020 , , , , , ,
Ritter Spencer, PLLCCoronavirus and Cannabis: Force Majeure Litigation
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Legalizing Cannabis May Generate Tax Revenue Post-Pandemic

Legalizing Cannabis May Generate Tax Revenue Post-Pandemic

As the devastating impacts of the novel coronavirus, COVID-19, continue to ripple throughout the United States, this country has reached a moral dilemma: to open certain facets of the economy and risk further infections and human lives, or maintain state or locally implemented lockdowns and risk further economic fallout. 

April 30, 2020 , ,
Ritter Spencer, PLLCLegalizing Cannabis May Generate Tax Revenue Post-Pandemic
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4 Critical Considerations for Cannabis Businesses During COVID-19

4 Critical Considerations for Cannabis Businesses During COVID-19

The novel coronavirus, COVID-19, has impacted nearly every industry, and the cannabis industry is no exception. As the United States economy continues to experience instability and uncertainty, cannabis companies face increasingly difficult challenges, particularly since the legal cannabis industry remains in flux in most states. Some hemp and cannabis business owners have continued operations as usual, while others have closed their doors completely. It is difficult to navigate the cannabis industry during these stressful and unprecedented times, but cannabis lawyers are able to provide experienced counsel and support as needed. Below, we discuss four critical actions cannabis businesses should consider amidst the COVID-19 threat.

April 28, 2020 , , , ,
Ritter Spencer, PLLC4 Critical Considerations for Cannabis Businesses During COVID-19
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