What is a Cannabis Business Lawyer? An Overview

As the cannabis industry continues to grow in every sector, more businesses are turning to cannabis business lawyers and CBD business lawyers for guidance and counsel to better navigate legal processes and regulations. But what exactly is a cannabis lawyer, and why are they necessary? Where did they come from, and what do they bring to the table? Below, we break down the experience and importance of cannabis law firms to offer insight into their development and the benefits they provide.

Ritter SpencerWhat is a Cannabis Business Lawyer? An Overview
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Starting a Cannabis Company: Things to Know

The cannabis industry is complex and competitive, but it is also extremely appealing to young entrepreneurs and investors alike as it continues to shift away from negative stigmas and into a more defined regulatory pathway. The rapid growth of the industry attracts cultivators, extractors, retailers, and more, and like many people entering this complicated space, you may feel overwhelmed with where to begin. Whether you’re considering opening a dispensary business, a CBD business, an ancillary cannabis business, or simply obtaining a hemp license, we’ve put together a guide to starting up a cannabis company to further your understanding of the necessary moving parts and details.

Ritter SpencerStarting a Cannabis Company: Things to Know
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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 TDA in order to avoid any further negative consequences for you and/or your hemp operations. 

Ritter SpencerTDA Hemp Production Plan Part III: Violations, Hemp Transportation, and Hemp Seed Requirements
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TDA Hemp Production Plan Part II: Sampling & Testing of Hemp

By: Paul Stevenson

Now that you have read Part I of the 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. Thankfully, TDA’s sampling and testing provisions are the same or extremely similar to USDA’s sampling and testing provisions. 

Ritter SpencerTDA Hemp Production Plan Part II: Sampling & Testing of Hemp
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TDA Hemp Production Plan Part I: License Requirements

By: Paul Stevenson

As mandated by the 2018 Farm Bill, the United States Department of Agriculture (“USDA”) has produced an interim final rule to establish the domestic hemp production program (“USDA plan”). To conform with the USDA plan, the Texas Department of Agriculture (“TDA”) has proposed its own hemp production rules and regulations (“TDA plan”) to the Texas Register. These proposed rules were published on Friday, December 13, 2019, and will be open to public comment for thirty (30) days. If dissatisfied with any provision of the TDA plan, it is highly recommended to send your concerns to TDA during this 30-day window for public comment. 

Ritter SpencerTDA Hemp Production Plan Part I: License Requirements
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Merchant Processing In the Hemp/CBD Industry

With the passage of the 2018 Farm Bill and the USDA’s release of the interim final rules, the hemp market continues to grow. As many processing services remain hesitant to service the growing hemp industry due to legal uncertainties, companies continue to face difficulties securing a reliable merchant processor for processing payments for the sale of hemp-derivative products, such as CBD oils and edibles. Though organizations such as Square Inc. and WooCommerce recently have begun to provide processing capabilities and support to legal hemp and CBD sellers, many remain skeptical due to confusion on the legal status of hemp and hemp-derived products.

Ritter SpencerMerchant Processing In the Hemp/CBD Industry
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USDA Hemp Production Plan Part III: Compliance, Violations, and Recordkeeping

By: Paul Stevenson

After learning the licensing requirements in Part I of this Series and the complex rules and regulations on the sampling and testing of hemp in Part II, it is now time to turn our attention to the USDA plan’s matters of compliance, violations, license suspension and revocation, and mandatory recordkeeping.

As a hemp producer, if you violate the USDA plan, it is important not to panic. Instead, focus on remedying this situation by complying with the corrective action plan or other enforcement actions imposed by USDA. 

Ritter SpencerUSDA Hemp Production Plan Part III: Compliance, Violations, and Recordkeeping
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HB 1325: Hemp Growth in Texas; Part I: Timing

Yesterday, the Texas House of Representatives took a historic voice vote on HB1325 (the “Bill”).  HB1325 is an act which, if passed, will permit growth of hemp as an agricultural commodity in Texas and will allow sale of hemp products in Texas. At the voice vote, Representative King offered a floor amendment making minor changes to the Bill’s text, which was passed. Today, the House entered its formal vote for passage of HB1325.

Ritter SpencerHB 1325: Hemp Growth in Texas; Part I: Timing
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Hemp to Be Descheduled By SHS in Texas

Hemp will be descheduled in Texas on April 5, 2019 by the Texas Department of Health Services. If you have been following the blog, then you know that hemp and CBD are both considered illegal substances under current Texas statutory law. However, we  have some clarity and action from the Texas Department of State Health Services (“SHS”) in relation to its scheduling of controlled substances. The Department has descheduled hemp in Texas from its list of controlled substances. The Drugs and Medical Devices Division of SHS is responsible for the scheduling of controlled substances for SHS. SHS has the power to amend its scheduling of controlled substances anytime that a change in federal scheduling has occurred.  Tex. Health & Safety Code § 481.034 (g) (available here).

Ritter SpencerHemp to Be Descheduled By SHS in Texas
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CBD Trademarks: Attorney Chelsie Spencer Published

Chelsie Spencer’s article regarding the United States Patent and Trademark Office’s treatment of cannabidiol (“CBD”) and hemp-derivative goods trademark applications has been published today in The Tipsheet. To view a copy of the article on CBD trademarks, continue reading below or click here: Cannabidiol: The Disjointed Stance at the USPTO Continues.

Ritter SpencerCBD Trademarks: Attorney Chelsie Spencer Published
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