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.
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.
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.
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.
We anticipate a substitute filing by Representative King that will substantially change some of the language discussed in this blog.
On March 11, 2021, Rep. Tracy King (D) filed HB 3948 that focuses on the regulation and production of hemp and consumable hemp products in Texas. This bill provides administrative penalties, imposes and authorizes fees, and creates criminal offenses. Additionally, the bill covers higher institutions, permissible THC content, additives, synthetics, and more. Below, we’ve summarized this bill to keep you in-the-know with Texas hemp legislation. The Senate version of this bill is SB 1776.
Breweries, distilleries, and wineries with ambitions of infusing or selling their beverages with cannabidiol (“CBD”) and/or tetrahydrocannabinol (“THC”) derived from hemp will have to wait for a change in law by the U.S. Alcohol and Tobacco Tax and Trade Bureau (“TTB”), or a divergent conclusion by the United States Food and Drug Administration (“FDA”) finding that these beverages fall into a legal exemption. On April 25, 2019, the TTB, which regulates the alcohol and tobacco industries in the United States, issued an industry circular as a response to numerous inquiries from the alcohol and hemp/CBD industries about whether CBD or THC can legally be introduced into alcoholic beverages: the TTB made it clear that, at this time, it will not approve formula or label applications for alcoholic beverages containing CBD or THC.
After an unprecedented year politically, socially, and economically, cannabidiol (“CBD”) continues to significantly impact the United States’ retail markets and even the health sector. This highly sought after cannabinoid is becoming increasingly common in various forms, including tinctures, topical applications, oils, capsules, and more. But what is next for CBD in 2021? Below we explain our predictions regarding CBD’s influence in the coming year.
The U.S. Food and Drug Administration (“FDA”) currently prohibits cannabidiol (“CBD”) from being added to food, beverages, or cosmetics and from being sold as a dietary supplement. While we await further guidelines from the FDA, Congressmen Kurt Schrader of Oregon and Morgan Griffith of Virginia introduced on September 4, 2020, H.R. 8179, the “Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020”, which would allow hemp, CBD, and any other hemp-derived ingredient to be sold as dietary ingredients in dietary supplements under the Federal Food, Drug, and Cosmetic Act (the “FD&C Act”).
As different cannabinoids begin to gain recognition in the hemp and marijuana industries, it is crucial to discuss the legal considerations and challenges facing manufacturers, producers, retailers, and other cannabis-based businesses. In such a new space, promising cannabinoids have the potential to make a significant impact on the market. One of the cannabinoids gaining notable traction is known as cannabinol (“CBN”). Today on the blog, we review its legal status.
Yesterday, our office filed a lawsuit against the Texas Department of State Health Services (“DSHS”) on behalf of our client, Crown Distributing LLC (“Crown”), challenging the smokable hemp bans in Texas. A copy of our filed Petition can be accessed here.