The CBD industry is currently at its prime. As one of the fastest-growing sectors, you will notice that the market is flooded with numerous products that are infused with CBD, starting from toothpaste to dog treats.
However, many of us are fond of consuming CBD the traditional way, which is by smoking the hemp flower. With increased awareness and legalization, there is a surge in demand as well as the supply of products.
With CBD being a trendy topic, many of you might be curious to know whether it is possible to ship the product from one place to another. There are, most definitely, certain safety protocol and legalities involve, and it is important to understand them before you can go ahead and ship any CBD product.
Clearing the Basics
Before we can begin, it is important to understand CBD. It is a type of cannabidiol found in both marijuana and hemp plants. CBD is considered to possess therapeutic benefits that alleviate symptoms associated with chronic pain and anxiety disorders. Unlike tetrahydrocannabinol (THC), CBD doesn’t result in psychoactive effects that are responsible for offering the ‘high’ sensation to users.
In most countries, cannabis that contains THC more than 0.3% is illegal, which includes the United States. However, cannabis that contains less than 0.3% of THC is federally legal, but the legality differs from one state to another. Because of this reason, it is important to check state-specific laws very carefully.
Because of this reason, shipping CBD hemp flower is possible, but not so much when it’s marijuana flower. Just like alcohol, hemp has legal limits for the quantities of ingredients that are included, with a special focus on THC. Therefore, hemp flowers that contain 0.3% THC or less, will be permitted to be shipped in several states of the United States, depending on the state-specific laws.
In certain states, the limit for THC in hemp is an absolute zero. It means that any product containing hemp-derived CBD mustn’t have THC at all. On the other hand, other states allow it if it is under 0.3%.
It came into existence because of the Farm Bill of 2018 that legalised hemp production federally across the country. The Farm Bill mentioned that if CBD products that are hemp-derived possess less than 0.3% THC, they won’t be considered a federally controlled substance.
Four Things to Keep In Mind
It is important to note that hemp-derived CBD is more widely legalised and accepted as compared to marijuana-containing products. However, when it comes to shipping, CBD is quite closely regulated and monitored. Some of the factors that you need to keep in mind if you are thinking of shipping hemp flower or CBD products legally are discussed below –
- Potency of THC and CBD
It is the most important factor that needs to be considered before you can even think of shipping your hemp flower to a specific location. As discussed earlier, CBD products that contain THC below 0.3% will be permitted for shipping, and you should be able to offer enough proof in writing to show the THC and CBD levels of the products that you plan to ship.
- Plant’s Origin
The CBD product that you plan on shipping has to be extracted from hemp plants, and not marijuana. Therefore, it means you won’t be allowed to ship marijuana flowers in the country. If your CBD is derived from synthetic sources, you need to talk to an attorney to get a clearer picture.
Ideally, the product that you wish to ship should be derived from a licenced grower. In simpler words, you won’t be allowed to ship experimental cannabis flowers that you grow in the shed. Such products will be considered illegal, and there are chances of prosecution.
- Testing Requirements
If it is a CBD product, it has to go through a third-party test that demonstrates the chemical makeup of the products that you plan to ship, which will also include the THC content.
So, Is It Possible to Ship CBD?
There is no straightforward answer to this question, especially because the legality surrounding CBD is pretty grey. Plus, you not only have to comply with the shipping requirements but also ensure that the laws of the original location and destination permit its use. Let’s try to simplify it as much as possible.
Yes, You Can Ship When You Comply with Applicable Laws
If you will be considered a ‘compliant’ if you –
- Possess all necessary licences, including retail licence, processor, grower, etc.,
- Sell CBD products that contain THC levels less than 0.3%,
- Source your flower from growers who operate a legitimate, licenced business,
- Implement a third-party testing process, and
- Possess documents to verify all the above.
If you can meet the criteria, you should not have much trouble shipping CBD products to locations where its sale and use is legal.
If you aren’t able to provide 100% proof of meeting all the prerequisites, there is a good chance that you will be in trouble. In case you attempt to ship CBD that contains THC level more than 0.3%, you can face severe consequences, such as arrest.
The laws and shipping protocol can often be confusing for people. With different state laws across the country that are constantly changing, it is important for you to be constantly updated. It’s best to have legal experts by your side who can help and guide you through the process.