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.

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

Ritter Spencer, PLLC4 Critical Considerations for Cannabis Businesses During COVID-19
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Advertising CBD Online

As cannabidiol (CBD) continues to grow in popularity, the industry is becoming increasingly competitive. CBD business owners have been forced to resort to creative measures in their marketing efforts. Many CBD companies often ignore the various rules and regulations associated with CBD advertising online. However, it is important for CBD businesses and entrepreneurs to pursue compliant marketing strategies for their products to avoid account suspensions, government enforcement actions, or other business interruptions.

Ritter Spencer, PLLCAdvertising CBD Online
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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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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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