As the cannabis industry continues to experience an influx of financial opportunities, scientific studies, and legislative changes, states are coming together to share institutional knowledge and regulatory best practices. In November 2020, cannabis regulators from various states formed the Cannabis Regulators Association to provide federal lawmakers and administrative agencies with the resources needed to regulate cannabis. Since then, the national organization has made strides in cannabis-based education nationwide. Read below to learn more about the Association and how it benefits the cannabis industry.
DSHS Moves to Ban White Labeling of Smokable Hemp Products in Texas
On June 24, 2022, the Texas Supreme Court upheld Health and Safety Code, Section 443.204 (4), which prohibits the processing and manufacturing of consumable hemp products for smoking in Texas. However, the Court upheld our challenge to the state’s retail and distribution rule, meaning that the retail sale and distribution of consumable hemp products for smoking remains legal in the state. Read on to learn more about the latest update on Texas’ Consumable Hemp Program from the Texas Department of State Health Services (“DSHS”) and how it will impact the Texas hemp industry.
Texas Compassionate Use Program: DPS Now Accepting Applications for Dispensing Organization Licenses
In 2015, the Texas Legislature enacted the Texas Compassionate Use Act, Senate Bill 339. Under TCUP’s regulatory regime, the Texas Department of Public Safety (“DPS”) would create a secure registry for licensed physicians to prescribe low tetrahydrocannabinol (“THC”) to patients suffering from a limited list of medical conditions, including ALS and intractable epilepsy.
Since establishing the Texas Compassionate Use Program (“TCUP”), DPS has issued licenses to only three dispensing organizations to dispense low-THC cannabis to registered TCUP patients. Currently, only two are operational in the state of Texas. Recently, DPS’ Regulatory Services Division announced that department officials are now accepting new applications for dispensing organization licenses. Read below to learn more about the TCUP and the licensing application process.
6 Key Considerations When Expanding into New Cannabis Markets
The cannabis industry has substantially grown in response to significant developments in legalization. As a result, multi-state operators (“MSOs”) and budding entrepreneurs nationwide are entering prospective state cannabis markets. Given the legal intricacies surrounding the cannabis industry, there is much to consider before jumping into starting a cannabis-related business.
Possession of Cannabis in Texas
As the legalization of cannabis evolves across the United States, it can be hard to keep track of the varying state laws regarding cannabis. While some states continue to foreclose efforts to legalize cannabis, progress continues to be made in state-level legalization.
3 Things Every Cannabis Business Owner Should Know
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. Read on below to read three things every cannabis business owner should know.
FDA Takes Action Against Copycat THC Products
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.
5 Reasons to Hire an Attorney for Your Cannabis Business
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.
4 Ways Cannabis Companies Can Protect Their Intellectual Property
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 can help preserve intellectual property.
Starting a Side Hustle as a Sole Proprietorship in Texas
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, 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.