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Shipping CBD Oil: Where Can You Legally Ship CBD?

The cannabis industry has grown tremendously over the past few years, and its products are already popular in various states in the US. However, the legality of shipping cannabis products, including where you can ship CBD oil is still a puzzle for many. Whether you are a manufacturer, farmer, or distributor, it is crucial to understand both the federal and state laws before shipping CBD oil (Cannabidiol). This will not only ensure your business and operations remain compliant, but also give you and your customers peace of mind.

According to the Hemp Farming Bill of 2018, it is legal to ship CBD oil in all 50 states in the US. Beware however, this has not yet been tested in the Courts and the statement that it is legal to ship CBD in all 50 states is the opinion of the author.

Federal laws state that the CBD oil must be from hemp, and under 0.3% THC rather than from cannabis. So, while it is arguably legal to ship CBD oil, entrepreneurs involved in this industry should keep a close watch on the regulations and changes that come up. Here is a brief guideline on CBD oil shipping, including where you can, in the opinion of this author, legally ship CBD products.

Shipping CBD oil through mail

Can you ship CBD oil through the mail? Is it legal to purchase CBD products online? Can you use private couriers like FedEx, UPS, and DHL to ship CBD? Can you ship cannabis products overseas? These are some of the popular questions in the minds of distributors, producers, and manufacturers.

With the advancement in technology, it is easy to buy cheap marijuana seeds for sale online and have them delivered up to your door. I make no statement about the legality of such action. Online merchants and entrepreneurs can, I believe, ship CBD to all 50 states if they abide by federal laws and state regulations. As previously mentioned, I believe it is legal to ship hemp-derived CBD oil that contains no more than 0.3% THC. The US Postal Services issued a new advisoryfor shipping hemp-derived CBD products in March of 2019.

Some of the requirements include a self-certification statement and a producer’s license issued by the US Department of Agriculture. The product’s THC percentage must also remain within acceptable (0.3%) limits. Besides USPS, I assert that you can ship CBD oil through private couriers like FedEx, UPS, and DHL.

Considerations when shipping CBD oil

There are a few things to observe when shipping cannabis products in the US and overseas. It ensures you remain compliant with existing regulations. To ship CBD oil in the US, consider the following steps:

  • Federal Regulations – conform to all the federal rules provided for shipping CBD oil in the US. Again, the CBD – in whatever form – must be from hemp (not cannabis) and must contain 0.3% THC or less.
  • Courier Guidelines – If you are using USPS, follow their March 2019 guidelines or any other updated advisory from the courier. Note that USPS requirements might be different from what private couriers like UPS impose. Make sure you follow the guidelines your courier provides.
  • Packaging and Labeling – As a manufacturer, your products must meet the CBD packaging and labeling regulations.
  • Farm Bill compliance – If you are a distributor, then it is essential to ensure all your products come from a producer who is what the Farm Bill considers the actual source of the oil and to ensure they abide by the new guidelines for growing and manufacturing CBD oil. If you are a farmer, learn the best offers in seeds and plants, and strictly follow the provisions for cannabis farming.

Shipping CDB oil overseas

Learning the differences between cannabis, hemp, and marijuana is very important before you consider shipping these products. Cannabis is a general (genus) name of a flowering plant that belongs to the Cannabaceae family. Hemp and marijuana are simply variants of cannabis.

Hemp is a non-intoxicating variant that is now defined by, among other things, its low THC percentage following the passing of the Agricultural Improvement Act of 2018. Hemp contains less than 0.3% THC by dry weight. Marijuana, on the other hand, is a classification of cannabis variants that contain a higher percentage of THC. Both hemp and marijuana contain CBD as well as THC.

While it is, in my opinion, legal to ship CBD oil in the US, the rules are different for shipping the product overseas. It all comes down to the regulations each country imposes on cannabis and hemp products. Many countries allow entrepreneurs to ship CBD oil extracted from industrial-grade hemp. The oil should also contain 0.2% THC or less. If your product meets these conditions, you can ship CBD oil to the following countries overseas:

  • North America – US, Canada, Mexico
  • Europe – UK, Switzerland, France, Luxembourg, Denmark, Belgium, Austria, Croatia, Cyprus, Czech Republic, Greece, Ireland, Latvia, Lithuania, Italy, Malta, Netherlands, Estonia, Finland, Georgia, Germany, Bulgaria, Poland, Portugal, Romania, Slovenia, Slovakia, Sweden, New Zealand
  • Asia – South Korea, China, India,
  • South America – Argentina, Colombia, Costa Rica, Chile, Guatemala, Paraguay, Peru, Uruguay
  • Africa – South Africa

Countries that have banned CBD products

Shipping cannabis products such as CBD oil is currently illegal in the following states:

  • UAE (United Arab Emirates)
  • Russia
  • Malaysia

Shipping to Australia is also a daunting feat to achieve. While Australia legalized cannabis for medical reasons back in 2016, its availability is under strict watch and regulations. Patients who use CBD oil do so through professional doctor prescriptions, and the product is only available to a limited number of people.

Buying cannabis products from online dispensaries

As a consumer or distributor, you can easily find CBD oil and cannabis products online. Several online dispensaries sell hemp and marijuana products. Go through your state laws to ensure your action does not amount to any criminal offense. You must ensure that the CBD oil retailer is compliant. If you are a farmer, pick the right species like Durban poison seeds for sale, to grow your harvest of 100% Sativa plants. There are several other options for hemp and marijuana farmers.

Conclusion

Before you start shipping CBD oil, your first step should be to learn all the existing federal and state laws that govern such operations. You may also need to learn regulations imposed by other countries if you intend to ship your products overseas. Understanding the rules will help you avoid regulatory issues. You should also weigh your shipping solutions and choose couriers that meet your business goals when supplying customers. More importantly, stay updated with the changing cannabis laws as the product gains increasing mainstream popularity. It is always wise to consult an attorney familiar with these laws.

This is a guest post by Jennifer Smith. This post has been edited for syntax and grammar. The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein. This post is for entertainment and literary value and is not intended as legal advice. This post does not establish an attorney-client relationship of any sort. If you have legal questions about ideas presented herein please contact a lawyer knowledgeable in this field of practice.

The cannabis industry has grown tremendously over the past few years, and its products are already popular in various states in the US. However, the

Cannabidiol (CBD)

There is increasing interest, both in Canada and worldwide, in CBD. CBD is a compound found in the cannabis plant. It is regulated in Canada under the Cannabis Act.

On this page

  • Where CBD comes from
  • How we regulate CBD in Canada
  • Growing cannabis plants containing CBD commercially
  • Producing and selling CBD
  • Importing and exporting CBD products
  • Industrial hemp
  • What industrial hemp licence holders may and may not do
  • Importing and exporting industrial hemp
  • The difference between cannabis oil and hemp-seed oil
  • CBD and prescription drugs
  • CBD in natural health products, veterinary health products and cosmetics
  • CBD in human food or pet food

Where CBD comes from

The cannabis plant contains hundreds of chemical substances. Over 100 of these are known as cannabinoids. Cannabinoids derived from cannabis plants are sometimes called phytocannabinoids.

Cannabidiol (CBD) is one of these cannabinoids. CBD is not intoxicating and may reduce some of the effects of tetrahydracannabinol (THC); however, it does have an effect on the brain.

CBD can be found in different varieties of the cannabis plant, including hemp.

All phytocannabinoids are regulated under the new Cannabis Act. The Act came into force on October 17, 2018.

How we regulate CBD in Canada

CBD is a controlled substance under United Nations drug control conventions. Consistent with the controlled status of CBD internationally, CBD is a controlled substance in Canada and other jurisdictions.

As a result, CBD and products containing CBD are subject to all of the rules and requirements that apply to cannabis under the Cannabis Act and its regulations. This includes CBD derived from industrial hemp plants, as well as CBD derived from other varieties of cannabis.

Under the Cannabis Act activities with phytocannabinoids (including CBD) remain illegal, unless authorized.

Before the Cannabis Act came into force, CBD was:

  • regulated under the Controlled Drugs and Substances Act
  • strictly controlled

It was not legal to produce, sell, import or export CBD unless authorized for medical or scientific purposes.

Under the Cannabis Act, CBD products remain strictly regulated and are only legal when sold in compliance with the Act and its regulations.

The Act and accompanying regulations place strict controls on cannabis:

  • possession
  • production
  • distribution
  • sale

Health Canada oversees the production of cannabis products. Health Canada is also responsible for overseeing the distribution and sale of:

  • cannabis, including any CBD-containing cannabis products for medical purposes

The provinces and territories are responsible for determining how cannabis is distributed and sold within their jurisdictions.

They set rules around:

  • how cannabis products can be sold
  • where stores may be located
  • how stores must be operated

Growing cannabis plants containing CBD for commercial sale

To cultivate any cannabis plants that you intend to sell, you must have a federal licence issued under the Cannabis Act.

This licence could be:

  • a cultivation licence under the Cannabis Regulations
    • authorizing growing of cannabis plants with varying amounts of THC and CBD
  • an industrial hemp licence under the Industrial Hemp Regulations
    • authorizing cultivation of specific varieties of cannabis plants with a THC content of no more than 0.3% in the flowering heads, branches and leaves.

Producing and selling CBD

CBD and products containing CBD are subject to all of the rules and requirements that apply to cannabis under the Cannabis Act and its regulations.

You must have a processing licence to manufacture products containing CBD for sale, no matter what the source of the CBD is.

CBD and products containing CBD, such as cannabis oil, may only be sold by a:

  • provincially or territorially-authorized cannabis retailer
  • federally-licensed seller of cannabis for medical purposes

Importing and exporting CBD products

Movement of cannabis and cannabis products between countries is covered by 3 United Nations drug conventions, including the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol.

CBD is currently a controlled substance under the Single Convention. CBD products may therefore only be imported or exported under very specific conditions. Any import or export must meet all of these criteria and may only be done:

  • by a holder of a licence issued under the Cannabis Regulations
  • under an import or export permit issued to the licence holder by Health Canada for that shipment
  • for a legitimate scientific or medical purpose, as per international agreements

Industrial hemp

Industrial hemp is cannabis that contains 0.3% THC or less in the flowering heads and leaves.

The Industrial Hemp Regulations under the Cannabis Act set out the requirements for cultivators of industrial hemp. As is currently the case, cultivators of industrial hemp must grow from the hemp varieties approved for commercial cultivation.

Although it may not have more than 0.3% THC, there is no limit to the amount of CBD that may be contained in industrial hemp plants.

The Cannabis Act and its regulations do not distinguish between CBD derived from industrial hemp and CBD derived from cannabis with greater than 0.3% THC.

What industrial hemp licence holders may and may not do

An industrial hemp licence holder may cultivate hemp to produce a number of different products. They may:

  • sell viable seeds
  • sell grain (i.e. non-viable seeds) or hemp seed derivatives for use in:
    • food
    • cosmetics
    • other products
  • cultivate hemp for the flowering heads, branches and leaves, which may contain CBD
  • sell those flowering heads, branches and leaves to a licence holder under the Cannabis Regulations, who may then extract the CBD

Hemp producers may not extract the CBD themselves, unless they also have a cannabis processing or research licence.

Importing and exporting industrial hemp

The Industrial Hemp Regulations authorize importing and exporting industrial hemp seed or grain, but not the flowering heads, branches or leaves.

The flowering heads, branches and leaves may only be imported or exported by a licence holder under the Cannabis Regulations:

  • with a permit issued under those regulations
  • for legitimate medical and scientific purposes

To import or export the industrial hemp seeds or grain, you must:

  • hold a licence from Health Canada
  • have an import or export permit issued by Health Canada

When importing or exporting industrial hemp seeds or grain, you may also need to obtain an import or export permit from the other country, depending on their rules.

The difference between cannabis oil and hemp-seed oil

Cannabis oil is 1 of the 5 classes of cannabis that may currently be legally sold in Canada by provincially and territorially-authorized retailers:

  • cannabis oil
  • fresh cannabis
  • dried cannabis
  • cannabis seeds
  • cannabis plants

Cannabis oil is a combination of:

  • cannabis:
    • usually in the form of a THC and/or CBD-rich extract from the leaves and flowering heads of the cannabis plant, which may include plants classified as industrial hemp
  • a vegetable-based or plant-based oil such as:
    • olive
    • canola
    • grape seed
    • hemp-seed oil

Hemp-seed oil is oil made from pressing the grain of hemp plants. It is processed like other oil seeds, such as canola. In order for hemp-seed oil to be exempt from the Cannabis Act, it can’t contain more than 10 parts per million of THC.

For hemp-seed oil to be exempted from the Cannabis Act, no phytocannabinoid including THC and CBD may be added or concentrated by processing.

Hemp-seed oil is marketed in Canada in:

  • food
  • cosmetics
  • natural health products
  • veterinary health products

CBD and prescription drugs

All phytocannabinoids, with several exceptions, are listed on the Prescription Drug List. If you wish to manufacture and sell a health product containing CBD that makes a health claim, you require approval for the product as a prescription drug under the Food and Drug Regulations.

CBD in natural health products, veterinary health products and cosmetics

Only limited parts of cannabis or hemp plants may be used in a:

  • natural health product (NHPs)
    • under the Natural Health Product Regulations
  • veterinary health product (VHPs)
    • under the Food and Drug Regulations

NHPs and VHPs may only contain parts of the cannabis and hemp plants that are not considered cannabis under the Cannabis Act or that are excluded from the application of the Act. This includes things such as:

  • non-viable seeds
  • hemp-seed derivatives that are compliant with the Industrial Hemp Regulations
  • mature stalks that do not include any leaves, flowers, seeds or branches and fibre from such stalks are also excluded from the Cannabis Act, but they may not be used in veterinary health products.

Deliberately adding phytocannabinoids to such products is not permitted.

These same restrictions also apply to cosmetics, which may only contain hemp derivatives.

CBD in human food or pet food

Edible cannabis will not be permitted for sale until the Regulations Amending the Cannabis Regulations (New Classes of Cannabis) come into force on October 17, 2019.
These regulations set out strict controls to reduce the:

  • appeal of such products to youth;
  • risk of accidental consumption, especially of edible cannabis, including by youth;
  • risk of overconsumption associated with edible cannabis because of the delay in experiencing the effects of cannabis when it is ingested rather than inhaled; and
  • risk of foodborne illness associated with the production and consumption of edible cannabis.

Edible cannabis will only be available for human consumption.

Cannabidiol (CBD) is found in cannabis plants. About its regulation, growing, selling, importing, exporting, about industrial hemp and CBD in drugs, food and other products.