The USPS Shipping Guidelines
The muddled state of affairs surrounding interstate shipping of CBD is relatively easy to navigate, if the plants have been grown, processed, and sold within one single state. However, the vast majority of CBD resellers sell online, where they purposefully avail themselves to the privileges of any state where they have sales, thereby placing them into the jurisdiction of the federal courts. Consequently, an arm of the federal government attempted to clarify shipping standards of CBD across state lines.
The United States Post Office (“USPS”), created an advisory report that attempts to demystify the process of shipping hemp across state lines legally. That guidance includes criteria all transporters of hemp, refined CBD and CBD derivative products must follow or otherwise invite liability.
The first of three USPS requirements is a signed statement, to be included with any shipment that contains CBD, certifying that all information identifying the source of the CBD and anything else in the shipment is truthful and legal. The statement will read, “I certify that all information furnished in this letter and supporting documents are accurate, truthful, and complete. I understand that anyone who furnishes false or misleading information or omits information relating to this certification may be subject to criminal and/or civil penalties, including fines and imprisonment.”
Second, the guidance mandates the producer of the hemp that was used to create the CBD to hold a license from the state Department of Agriculture where the Post Office or acceptance unit is located. This has been a challenging piece to remain compliant with. Some of the largest physical consumer markets in the US are not located in states with robust hemp production. This means that CBD and hemp-product retailers in New York City, for example, likely will be shipping their product from other states. In order to stay in compliance, the shipper, who may be in Colorado or Oregon, must obtain a New York Department of Agriculture hemp license. This is in addition to its home-state license and may be impossible to obtain without an active crop in the state being shipped into.
Finally, the shipment must not have any hemp that tests higher than the .3% threshold known to every operator in the industry. This final piece is nothing new and will likely already be included in any legal shipment on the Certificate of Analysis (“COA”).
It remains to be seen how the federal government as a whole will treat CBD moving forward. While the shipping of CBD remains in limbo, there have been clear steps taken to outline reasonable rules and regulations in that arena. The ongoing Idaho State Court case, Big Sky Scientific v. Idaho State Troopers, should help to clarify the federal court’s treatment of CBD, if it is adopted by the 9th circuit. In the meantime, anyone attempting to ship hemp, refined CBD or CBD derivative products, should consult with an expert, like the ones at KLV Consultancy.
