The cannabis industry has grown tremendously over the past few years, and its products are already popular in various states in the US. However, the legality of shipping cannabis products, including where you can ship CBD oil is still a puzzle for many. Whether you are a manufacturer, farmer, or distributor, it is crucial to understand both the federal and state laws before shipping CBD oil (Cannabidiol). This will not only ensure your business and operations remain compliant, but also give you and your customers peace of mind.
According to the Hemp Farming Bill of 2018, it is legal to ship CBD oil in all 50 states in the US. Beware however, this has not yet been tested in the Courts and the statement that it is legal to ship CBD in all 50 states is the opinion of the author.
Federal laws state that the CBD oil must be from hemp, and under 0.3% THC rather than from cannabis. So, while it is arguably legal to ship CBD oil, entrepreneurs involved in this industry should keep a close watch on the regulations and changes that come up. Here is a brief guideline on CBD oil shipping, including where you can, in the opinion of this author, legally ship CBD products.
Shipping CBD oil through mail
Can you ship CBD oil through the mail? Is it legal to purchase CBD products online? Can you use private couriers like FedEx, UPS, and DHL to ship CBD? Can you ship cannabis products overseas? These are some of the popular questions in the minds of distributors, producers, and manufacturers.
With the advancement in technology, it is easy to buy cheap marijuana seeds for sale online and have them delivered up to your door. I make no statement about the legality of such action. Online merchants and entrepreneurs can, I believe, ship CBD to all 50 states if they abide by federal laws and state regulations. As previously mentioned, I believe it is legal to ship hemp-derived CBD oil that contains no more than 0.3% THC. The US Postal Services issued a new advisoryfor shipping hemp-derived CBD products in March of 2019.
Some of the requirements include a self-certification statement and a producer’s license issued by the US Department of Agriculture. The product’s THC percentage must also remain within acceptable (0.3%) limits. Besides USPS, I assert that you can ship CBD oil through private couriers like FedEx, UPS, and DHL.
Considerations when shipping CBD oil
There are a few things to observe when shipping cannabis products in the US and overseas. It ensures you remain compliant with existing regulations. To ship CBD oil in the US, consider the following steps:
- Federal Regulations – conform to all the federal rules provided for shipping CBD oil in the US. Again, the CBD – in whatever form – must be from hemp (not cannabis) and must contain 0.3% THC or less.
- Courier Guidelines – If you are using USPS, follow their March 2019 guidelines or any other updated advisory from the courier. Note that USPS requirements might be different from what private couriers like UPS impose. Make sure you follow the guidelines your courier provides.
- Packaging and Labeling – As a manufacturer, your products must meet the CBD packaging and labeling regulations.
- Farm Bill compliance – If you are a distributor, then it is essential to ensure all your products come from a producer who is what the Farm Bill considers the actual source of the oil and to ensure they abide by the new guidelines for growing and manufacturing CBD oil. If you are a farmer, learn the best offers in seeds and plants, and strictly follow the provisions for cannabis farming.
Shipping CDB oil overseas
Learning the differences between cannabis, hemp, and marijuana is very important before you consider shipping these products. Cannabis is a general (genus) name of a flowering plant that belongs to the Cannabaceae family. Hemp and marijuana are simply variants of cannabis.
Hemp is a non-intoxicating variant that is now defined by, among other things, its low THC percentage following the passing of the Agricultural Improvement Act of 2018. Hemp contains less than 0.3% THC by dry weight. Marijuana, on the other hand, is a classification of cannabis variants that contain a higher percentage of THC. Both hemp and marijuana contain CBD as well as THC.
While it is, in my opinion, legal to ship CBD oil in the US, the rules are different for shipping the product overseas. It all comes down to the regulations each country imposes on cannabis and hemp products. Many countries allow entrepreneurs to ship CBD oil extracted from industrial-grade hemp. The oil should also contain 0.2% THC or less. If your product meets these conditions, you can ship CBD oil to the following countries overseas:
- North America – US, Canada, Mexico
- Europe – UK, Switzerland, France, Luxembourg, Denmark, Belgium, Austria, Croatia, Cyprus, Czech Republic, Greece, Ireland, Latvia, Lithuania, Italy, Malta, Netherlands, Estonia, Finland, Georgia, Germany, Bulgaria, Poland, Portugal, Romania, Slovenia, Slovakia, Sweden, New Zealand
- Asia – South Korea, China, India,
- South America – Argentina, Colombia, Costa Rica, Chile, Guatemala, Paraguay, Peru, Uruguay
- Africa – South Africa
Countries that have banned CBD products
Shipping cannabis products such as CBD oil is currently illegal in the following states:
- UAE (United Arab Emirates)
Shipping to Australia is also a daunting feat to achieve. While Australia legalized cannabis for medical reasons back in 2016, its availability is under strict watch and regulations. Patients who use CBD oil do so through professional doctor prescriptions, and the product is only available to a limited number of people.
Buying cannabis products from online dispensaries
As a consumer or distributor, you can easily find CBD oil and cannabis products online. Several online dispensaries sell hemp and marijuana products. Go through your state laws to ensure your action does not amount to any criminal offense. You must ensure that the CBD oil retailer is compliant. If you are a farmer, pick the right species like Durban poison seeds for sale, to grow your harvest of 100% Sativa plants. There are several other options for hemp and marijuana farmers.
Before you start shipping CBD oil, your first step should be to learn all the existing federal and state laws that govern such operations. You may also need to learn regulations imposed by other countries if you intend to ship your products overseas. Understanding the rules will help you avoid regulatory issues. You should also weigh your shipping solutions and choose couriers that meet your business goals when supplying customers. More importantly, stay updated with the changing cannabis laws as the product gains increasing mainstream popularity. It is always wise to consult an attorney familiar with these laws.
This is a guest post by Jennifer Smith. This post has been edited for syntax and grammar. The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein. This post is for entertainment and literary value and is not intended as legal advice. This post does not establish an attorney-client relationship of any sort. If you have legal questions about ideas presented herein please contact a lawyer knowledgeable in this field of practice.