Since medicinal marijuana has taken off and has gained acceptance in 33 states in the US, its market has also expanded even to towns and cities where it is not available yet. Thanks to the Internet, one can have more shopping options, including shops that sell CBD products and hemp online. Most of these shops are even willing to ship products even to those states in which these substances are not legalized. But question is, is it legal to mail hemp and other CBD products? What regulations consumers and shippers should know to facilitate a smooth transaction?
Earlier this month, the US Postal Service released an advisory containing rules and clarifications in the proper and legal mailing of cannabis. The report made a clear announcement that it is legal to mail hemp-derived CBD products ‘under specific conditions.’ This rule comes after the research-focused provision of the federal agriculture legislation in 2014.
What Should Customers Prepare for?
To avail of this service, a signed self-certification statement and documentation proving that the product comes from a legal hemp producer and supplier must be provided. It should also clearly state that the producer has a license approved by the state agricultural department.
Customers should expect that the product will be examined by the USPS to make sure that they contain 0.3 percent THC, a method that is in compliance with the standard THC content mandated by both 2014 and 2018 Farm Bill definitions of the substance.
However, the public should know that this legislation is not fully implemented yet, and the criteria for allowed substances might still change and be modified. Also, the government is yet to announce when these rules will be officially formalized. So far, it was reported that lawmakers are urging the government to pass the law. Meanwhile, Agriculture Secretary Sonny Perdue advised stakeholders to ‘proceed slowly’ and make time to enlighten the public on the crop’s complexity. He, however, surmised that the regulations will be ready in time for the 2020 growing season of the crop.
Before this milestone happened, determined stakeholders like Courtney N. Moran, founding principal of EARTH Law, LLC had fought so hard to pave the way for the legal mailing of hemp. Despite misunderstandings surrounding legal hemp, Moran has won 16 cases with the Postal Service.
“All of them had been decided in our favor. And all of those folks either received their packages back already or they’ve gone on their way to be received from the recipient,” she explained.
The recent case that Moran won was on December 11, 2018. That case was focused around hemp seeds.
According to Moran, these wins are only temporary and for sure there will be setbacks in the shipping of legal hemp. The lawyer also said that those intended to ship illegal marijuana might take advantage of this opportunity causing more problem and mistrust in The US Postal Inspection Service (USPIS).
“Only this agricultural pilot program hemp is lawful. So, let’s say somebody grew industrial hemp domestically but was not part of a pilot program and did not have their proper registration or license through their state’s authorizing agency — that would not be legal and not be compliant,” she emphasized.
To make sure that one is buying legal hemp in compliance with standards, one should conduct plenty of research, and consider important questions as a guide in buying the product. One should also make sure that the company is trusted. In Colorado, for example, there are a number of companies manufacturing medicinal and legal cannabis but the Ambary Gardens are one of those few trusted ones with its use of organic, non-GMO hemp in deriving its CBD products.