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.
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”).
Ritter Spencer 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.
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?”
When registering a trademark with the United States Patent and Trademark Office (USPTO), any of the available application forms for filing will require that you specify whether you are applying for the mark in a standard character format, also referred to as a word mark, or in a special form, referred to as a stylized mark or design mark. Assuming that your business name is eligible for trademark registration, you may wonder whether you should trademark the business name or the business’s logo first. You have the option to register (a) the business name only (b) the logo or other design only or (c) both.