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.
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.
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.
The Differences Between Marijuana Legalization and Marijuana Decriminalization
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.
Southern Hostility: Southern States’ Stances on Marijuana
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.
Are Hybrid Marijuana Strains Legal?
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.
Conditional Adult Use Licenses and Dispensaries: Everything You Need to Know
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, we recognize the importance of being familiar with emerging trends within the marijuana industry. Read below to learn more about conditional use dispensaries.
The Evolution of the Texas Compassionate Use Program
In 2015, the Texas Legislature enacted the Texas Compassionate Use Act, Senate Bill 339, establishing the Texas Compassionate Use Program (TCUP). Under TCUP, the Texas Department of Public Safety (“DPS”) would create a secure registry for licensed physicians to prescribe low tetrahydrocannabinol (THC) medical marijuana to patients suffering from intractable epilepsy.
The registry, known as the Compassionate Use Registry of Texas (“CURT”), prevents more than one qualified physician from registering as the prescriber for a single patient, verifies patients of low-THC cannabis for dispensing organizations, and allows physicians to input safety and efficacy data derived from their patients who have been prescribed low-THC cannabis.
Since its establishment, the Texas Compassionate Use Program (“TCUP”) has vastly expanded, with significant developments in 2019 and 2021.
Texas Supreme Court Maintains Ban on Smokable Hemp Processing and Manufacturing
On Friday, July 1st, 2022, the Texas Supreme Court unanimously reinstated the statutory ban on the processing and manufacturing of smokable hemp products. The Texas Supreme Court found that the hemp companies involved in the challenge had no constitutionally protected right of economic liberty in their chosen profession of smokable hemp processing and manufacturing. Previously, the trial court found the statutory ban to be unconstitutional and entered a permanent injunction against state enforcement of the ban after a lower court rejected the ban in 2019. Read below to learn more about this continued prohibition on smokable hemp and its history.