Hemp laws have been continuously changing over the past several years. One of the latest changes concerns CBD vape products. In multiple Facebook groups, I have seen both consumers and business owners trying to figure out the legality of shipping vapeable CBD.
According to the Preventing Online Sales of E-Cigarettes to Children Act, " the United States Postal Service shall promulgate regulations to clarify the applicability of the prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, to electronic nicotine delivery systems, in accordance with the amendment to the definition of “cigarette” made by section 2."
In layman's terms, vaping products are no longer allowed to be shipped via USPS. But what about CBD? The Act includes wording that prohibits products designed for "any other therapeutic purpose".
So is mailing CBD vape products no longer an option? Yes and no.
In a previous article, we discussed which carriers allow hemp products. FedEx has a blanket no hemp products policy. USPS, which once allowed CBD products to be shipped, will no longer be an option. That leaves UPS.
According to UPS's support page, "To make Tobacco Product Shipments, the Shipper must sign, agree to, and comply with the provisions set forth in an approved UPS agreement for the transportation of Tobacco Products. Shippers and receivers must comply with all applicable federal, state, provincial, or local laws or regulations, and all Tobacco Product Shipments must conform to the terms, conditions, restrictions, and prohibitions set forth on this page at the time of shipping."
Additionally, UPS states, "UPS accepts products made from Hemp (including Cannabidiol - CBD) for shipment only as permitted by all applicable state and federal laws."
Make no mistake, shipping CBD vape products is going to become more difficult. The one option for retailers can feel like navigating a legal minefield. And like most bills, the wording can be a pain. For CBD vape retailers, the best course of action is to consult with an attorney in order to help remain compliant. By creating a game plan, you can help get your products to consumers.
This article should not be taken as legal advice. Please consult with an attorney before creating a standard of operation for shipping CBD vape products.