Business Guide: Shipping Cannabis, Hemp, CBD and Marijuana Products
Attention cannabis business owners! Are you familiar with the ins and outs of shipping hemp products? The legality around shipping weed or marijuana online shipping? Did you know it is illegal to ship traditional cannabis products with potent content levels of THC?
As standard with the U.S. cannabis industry, cannabis delivery laws and regulations around shipping marijuana can change from region to region. Even a small misunderstanding can lead to a hefty fine or irreparable damage to a business. Stay informed on the legalities of shipping cannabis products, and always check local laws before shipping any products, as all rulings are subject to change.
U.S. Cannabis Shipping Laws at the Federal Level
Federal law allows the sale of products containing hemp-derived CBD, subject to state regulation. Under the Hemp Farming Act of 2018, legal CBD is defined as cannabidiol derived from strains of hemp with less than 0.3% THC concentration on a dry weight basis.
CBD derived from higher concentration plants, or marijuana-derived CBD, is not considered federally legal. Shipping cannabis or hemp with more than 0.3% THC is prohibited under any circumstances, even when it is for medicinal purposes or is otherwise legal under a state’s law. Shipment of any synthetic cannabinoid compound or any synthetic cannabinoid derivative is also prohibited.
Cannabis Regulations by Shipping Carrier
All carriers require compliance with applicable federal, state and local laws, including but not limited to, caps on THC amounts and the licensed grower requirements. Direct international shipping is not permitted. Further, shipping weed is not legal with any carrier, even between two states where it is legal for recreational or medical use. Purchasing marijuana online for shipping is prohibited.
The United States Postal Service (USPS) allows shipping of hemp-based products and hemp plants. Businesses must retain all paperwork showing this compliance for two years after mailing. Hemp and hemp-derived products cannot be sent to military destinations.
United Parcel Service, Inc. (UPS) will not accept shipments of CBD from any location that sells marijuana or marijuana products. Use of UPS Adult Signature Required service is mandated for these shipments. UPS will not ship hemp derivatives intended for consumption through an aerosolized solution, nor any synthetic or lab-made cannabinoid compound and their derivatives.
Shipping hemp as a raw plant is accepted for transportation only for pre-approved shippers as a contractual service. Shipments containing raw hemp must also:
- be packaged where the labeling and outer box markings do not identify the contents as containing raw hemp.
- contain the Certificate of Analysis/Test Results demonstrating the product contains <.3% delta-9 THC on a dry weight basis.
DHL will ship hemp and hemp-based products containing less than 0.3% THC on a dry weight basis. Shippers must keep records establishing compliance with such laws, including laboratory test results, licenses or compliance reports.
FedEx is a much more limited carrier. Although they recently began accepting shipments of hemp-derived CBD products, FedEx will not ship raw hemp plants or other types of CBD items.
Best Practices in Shipping Hemp Products
While shipping hemp products is not a simple task, it can be streamlined with a few best practices.
- Understand state and federal regulations. Do research habitually, as laws change often.
- Include certification paperwork with large shipments. Wholesale and industrial shipments benefit in many ways from having this information alongside shipments.
- Know your suppliers. Ensuring suppliers have all relevant licenses for industrial hemp production, as well as having copies of their certifications on file, can save time and money.
- Test your products. Periodic lab tests will ensure THC content remains within legal limits.
- Loop in your legal team. Ensure they have read over all statements and can clearly identify where products are being sold.
- Consult with a customs expert if planning to export CBD products. As noted above, major carriers do not permit these shipments; navigating both U.S. and foreign regulations can be very difficult.
Legislation on Shipping Weed Directly to Consumers
Recently, two congressional lawmakers introduced a bill that proposes giving small cannabis growers the ability to ship and sell products directly to consumers within and across state lines via USPS and commercial carriers, in an effort to compete against large corporations when cannabis is federally legalized. The “Small and Homestead Independent Producers (SHIP) Act” also clarifies provisions related to federal preemption of state marijuana laws as it concerns interstate commerce. HR 4595 is proposed to become active after marijuana is federally descheduled.
Stay Current, Stay Compliant
Stay current on the cannabis industry and the issues that affect cannabis business at CannaCon, the nation’s leading business-to-business cannabis conference. CannaCon is on a mission to grow the cannabis industry by educating cannabis business owners on all things related to cannabis and hemp. CannaCon trade shows feature exhibitors from around the country and seminars delivered by industry experts.
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