USPS urges hemp and CBD vape companies to prepare for shipping restrictions
The air on the planet may well contain above-average levels of THC due to 4/20 celebrations, but let’s not forget that cannabis is a long way from coming from the forest under the arbitrary government control. On Monday, the U.S. Postal Service released a notice stating that people would not be able to use its services to send CBD vapes, reports Marijuana Moment.
USPS clarified that it was still examining whether hemp-derived products would be eligible for the restriction. But didn’t hemp become legal nationwide with the passage of the Farm Bill 2018? What gives?
While President Donald Trump signed the Agriculture Improvement Act (also known as the Farm Bill) in December 2018, the law stipulated that hemp was not as legally imaginative as corn or tomatoes.
And the law certainly doesn’t exempt hemp from any controlled substance laws that individual states may have. Many states have their own drug plans, although some automatically follow federal guidelines on this matter. As of last year, 10 states are still banning the use of cannabis-based CBD products: Indiana, Kansas, Kentucky, Mississippi, North Carolina, South Carolina, South Dakota, Tennessee, and Texas.
Even if your cannabis product contains less than 0.3 percent THC, which is required by federal law to be considered hemp, you may be subject to certain restrictions. Even if your product does not contain cannabis at all, but is a vaporizer, which falls under the definition of “any electronic device that delivers nicotine, aroma or other substance to the user via an aerosol solution, inhaled from the device,” federal law suggests that it may be subject to certain restrictions on shipping options.
This means that companies whose business models rely on the regular shipping of hemp or hemp products may have to pivot – or deal with a sharp increase in the cost of delivering products to customers. It is uncertain whether the USPS will go this CBD-free route. The postal service says it will give producers a hint just in case it finds that these nationwide legal products cannot be shipped via the federal postal authority. Should that conclusion be reached, the moratorium would come into effect immediately, which means that penalties will also be imposed.
The notice underscores the fact that USPS may not ship THC products as they continue to be subject to the federal ban.
There have even been shots of mailing practices, say, your old copies of High Times Magazine. The notice states that it is “illegal to send advertisements for government-controlled substances or drug paraphernalia, or to advertise the mailing of advertisements.” In 2015, a USPS office in Portland, Oregon published a memo suggesting that even pure newspapers with cannabis advertisements could be in violation of federal law if people were to use the government’s postal service to meet them to send.
It should be noted that in the event of such a ban, companies may be able to apply for an exemption because they are a legitimate company. Documentation required could include “Laboratory Test Results, Licenses, and Compliance Reports”.