Category: Cannabis Law

3 Things Every Cannabis Business Owner Should Know

mature female customer leans in over a counter as she looks at a tin of cannabis joints at a legal retailer. She is dressed casually as she inspects the product the associate is holding out for her before purchasing.

Entrepreneurs in the cannabis industry face numerous choices that influence the success of their businesses. With so much to consider when building a cannabis company, business owners may easily get lost, confused, or make uninformed decisions that may imperil their business. At any stage of entrepreneurship, the right information could avoid unfortunate legal or financial issues such as bankruptcy. 

From trademarks to financial decisions, a business’ growth opportunities often rely on the decisions made by cannabis business owners. These decisions can be greatly influenced by the knowledge of experienced cannabis attorneys like those at Ritter Spencer Cheng. Read on below to read three things every cannabis business owner should know. 

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FDA Takes Action Against Copycat THC Products

Original or copy post-it notes

The U.S. Food and Drug Administration (FDA) has issued a statement outlining its plan to address concerns about the manufacture and sale of Schedule I drugs in the form of edible products that may be commonly consumed by minors. In a press release on June 16, 2022, the FDA outlined its plan of action to monitor the production of these products and other emerging cannabis-derived products of potential concern to the FDA. 

The products of concern are widely known as copycat products, as they are packaged and labeled to look like popular children’s food brands. Their similarity to specific snacks that are marketed to children places minors at risk of accidental tetrahydrocannabinol, or THC, ingestion. Read below to learn more about the risks associated with copycat cannabis products and the FDA’s plan of action to combat their production. 

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5 Reasons to Hire an Attorney for Your Cannabis Business

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Starting a cannabis business isn’t easy. With complex and often conflicting federal and state regulations on the manufacturing, sale, and distribution of cannabis, cannabis entrepreneurs have many unique factors to consider when starting their own businesses. 

One crucial component to a successful cannabis business is an attorney experienced with the legislation, risks, and trends in the cannabis industry. An experienced cannabis attorney can assist in ensuring your business is adhering to complex state cannabis regulations and can advise on risk mitigation strategies. Read below to dive deep into our comprehensive list of why an attorney is essential to every cannabis business. 

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4 Ways Cannabis Companies Can Protect Their Intellectual Property

Marijuana in shape of a cross

As the state-sanctioned medical and recreational use of cannabis continues to grow in the United States, so does competition. To stand out in this industry, companies need to build brand recognition or develop novel products. Therefore, intellectual property protection should be a major focus for cannabis companies. Cannabis-based businesses need to safeguard their brand identity through intellectual property protection. Using IP protections like trademarks, copyrights, patents, and trade secrets, business owners can effectively shield their brand from potential IP infringement. Read below to learn how cannabis companies can protect their creative assets and how Ritter Spencer Cheng can help preserve intellectual property.

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Starting a Side Hustle as a Sole Proprietorship in Texas

Side view head shot smiling mixed race lady freelancer wearing headset, communicating with client via video computer call

A sole proprietorship is an entrepreneur’s simplest business structure in Texas. While there are benefits to consider in the strengthened protection of a limited liability company or a corporation, people starting “side-hustles” often begin with a sole proprietorship. This simple method allows the new business owner to dip their feet into the pool. Some–through inertia or strategy–may simply continue the structure as the business grows. 

The sole proprietorship initiation process lacks the layers of legal requirements standard in other business structures, but it does involve several steps that business owners should follow. A local law firm, like Ritter Spencer Cheng, can help new entrepreneurs successfully start a sole proprietorship in Texas. Read below to learn how to take the first step in your sole proprietorship. 

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The Differences Between Marijuana Legalization and Marijuana Decriminalization

Symbol for Marijuana Legalization. Dice form the word "ILLEGAL" while a hand seperates the letters "IL" in order to change the word to "LEGAL".

As marijuana laws change nationwide, buzzwords such as “legalization” and “decriminalization” arise in the national discourse. State and local governments debate legalization and decriminalization, which may lead to confusion in distinguishing the two terms. In the context of manufacturing and selling cannabis products, decriminalization and legalization have vastly different implications. Since states have different standards for the legality of marijuana, it is important to know the difference between decriminalization and legalization to avoid conflict and confusion when examining your state’s marijuana laws.

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Southern Hostility: Southern States’ Stances on Marijuana

cannabis leaf in hands on USA flag background

Northern and western regions of the U.S. have propelled the national marijuana reform movement in recent years. From the passing of the Rhode Island Cannabis Act to new developments by The New York Cannabis Control Board, northern states continue to lead recent charges in marijuana legalization.  But for a few exceptions, the Southern states continue to lag woefully behind. 

Southern states have displayed greater resistance to marijuana reform than their northern counterparts. But as the demand for cannabis legalization grows nationally, southern state legislators are taking small steps toward alleviating marijuana restrictions. Read on to explore the South’s stance on the legalization of marijuana state by state.

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The Differences Between Delta-8 THC and Delta-9 THC

Organic extra virgin cannabinoid oil with vipe pen system against home background. Medical marijuana treatment concept

As the cannabis community grows throughout the United States, more consumers seek the benefits of tetrahydrocannabinol (“THC”) products. Two of the most prevalent forms of THC on the market today are Delta-8 THC and Delta-9 THC (“Δ8THC and Δ9THC”)

Δ8THC and Δ9THC present differences in their chemical makeup, impact on the user, production, and legality. Learn more about the key differences between Δ8THC and Δ9THC below. 

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Are Hybrid Marijuana Strains Legal?

Marijuana, hemp field

As hybrid marijuana strains become more prevalent throughout the cannabis community, it’s important to discuss the anatomy, use, and legality of the most common strains. Though many are familiar with the two marijuana strains, Cannabis sativa and Cannabis indica, it’s crucial to recognize the role of hybrids as well. Read below for a full assessment of the structure and legal status of hybrid marijuana strains in the cannabis industry.

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Conditional Adult Use Licenses and Dispensaries: Everything You Need to Know

Glowing neon marijuana open sign

As the cannabis business expands across the nation, many states have set unique regulations concerning dispensaries, licenses, production, and manufacturing. The concept of conditional adult-use dispensaries has garnered the attention of those in the marijuana community, specifically after the Cannabis Control Board of New York drafted the application process for conditional adult-use retail license applications. 

Traditional retail licenses can be confusing for those interested in pursuing marijuana entrepreneurship, let alone conditional adult-use dispensaries and permits. At Ritter Spencer Cheng, we recognize the importance of being familiar with emerging trends within the marijuana industry. Read below to learn more about conditional use dispensaries.

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