Marijuana Versus Hemp: Keeping Legalities Straight

As the legalization of cannabis and cannabis-related products continues to make progress, keeping legalities straight can be challenging. The rise of the cannabidiol (CBD) industry has also led to an abundance of misinformation online and in the media, making it harder for the average consumer to find the right answers to their questions. But cannabis, hemp, hemp derivatives, CBD, and marijuana continue to gain popularity, and it is important to fully understand what is legal and what is not. Below, we have put together a comparison between the legalities of marijuana and the legalities of hemp as a thorough examination and differentiation. 

Ritter Spencer, PLLCMarijuana Versus Hemp: Keeping Legalities Straight
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Chelsie Spencer Selected as Super Lawyers Rising Star of 2020

We are pleased to announce that attorney Chelsie Spencer has been selected by Thomson Reuters as a Super Lawyers Rising Star of 2020. 

Super Lawyers is a rating service for exceptional lawyers that covers over 70 areas of practice. Only 2.5% of lawyers in each state are selected as Rising Stars by Super Lawyers. These lawyers are selected based on independent research, peer nominations, and peer evaluations. 

Ritter Spencer, PLLCChelsie Spencer Selected as Super Lawyers Rising Star of 2020
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David Ritter Featured in The Deal on the Restructuring of Cannabis Businesses Facing Bankruptcy

As the legality of cannabis products becomes more complex with differing state and federal regulations, the experts at Ritter Spencer PLLC are able to provide insight and guidance on reorganization and bankruptcy proceedings for cannabis companies. David Ritter is thrilled to share his expertise in cannabis law in an exclusive article on The Deal discussing the challenges faced by cannabis companies considering bankruptcy. This article highlights the complicated landscape of cannabis under federal and state laws, which is especially important as businesses in this industry attempt to restructure or file for bankruptcy.

Ritter Spencer, PLLCDavid Ritter Featured in The Deal on the Restructuring of Cannabis Businesses Facing Bankruptcy
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CBD Insurance: What You Should Know

Cannabidiol (CBD) is one of the most popular and marketable cannabinoids derived from the hemp plant today. The CBD industry is considered a high-risk industry, as the FDA has yet to provide a regulatory pathway for the inclusion of CBD into foods, beverages, cosmetics, and supplements, and CBD companies remain subject to a hodge-podge of varying state laws. As legal hemp and cannabis markets continue to boom, it is imperative that hemp business owners understand the importance of CBD insurance. Without the guidance of well-versed hemp lawyers and adequate CBD insurance coverage, CBD businesses may face liabilities, including consumer lawsuits. Below, we assess certain issues that present inherent risk in the CBD industry and discuss coverage issues and CBD insurance policy types. 

Ritter Spencer, PLLCCBD Insurance: What You Should Know
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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 Spencer, PLLCSix 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 Spencer, PLLCRevised 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 Spencer, PLLCRevised 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 Spencer, PLLCRevised 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 Spencer, PLLCH.R. 5587 Aims to Kickstart FDA Action and Legalize CBD Food Goods
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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 Spencer, PLLCWhat is a Cannabis Business Lawyer? An Overview
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