Is it Legal to Mail CBD? [What You Need to Know]
Thinking about mailing the gift of CBD to friend or loved one? Worried about the legality of sending CBD through the postal service?
Or maybe you’re a CBD business owner who is looking to ship your products to customers across the country.
Whether you’re a customer or a retailer, if you’re interested in mailing CBD, then this is the article for you.
CBD is no longer new to the market: It has been available nationwide for almost three years. Despite it’s exploding popularity, there are still many questions about the compound.
This isn’t surprising, as CBD's relation to marijuana causes many people to wonder about its legality from state to state.
One of the most common questions we get; is CBD illegal to mail?
Thankfully, the answer to this question is easy: No, it is not illegal at all!
CBD and Federal Law
Remember, the reason that you can purchase CBD on the internet and in stores in American is because of the 2018 Farm Bill.
That massive agricultural bill did many things, including formally removing CBD from the federal list of Schedule 1 drugs. This means that CBD was no longer prohibited for sale, manufacturing, or, crucially, transportation.
So is CBD legal in all 50 states?
States and localities were still free to create their own regulatory structure around CBD, and some states have done so.
From a federal perspective, CBD is legal, as long as it contains less than .3% THC and is manufactured in accordance with other state and federal laws.
If this is the case, CBD can be transported across state lines and sent via the U.S. postal service.
It is also worth noting that CBD can be sent via any postal or shipping service, not just the United States Postal Service. You can send CBD via FedEx, UPS, DHL, or more.
However, all local regulations must be adhered to, regardless of which network or service the CBD has been shipped.
Regulations for CBD Retailers
Since CBD is a perishable supplement, some regulations exist for businesses to sell and ship CBD by mail. These are:
- All applicable federal, state, local and laws are adhered to. The CBD must have been produced in total compliance with rules of the state in which the CBD was produced.
- For businesses shipping CBD, keep records of everything. If you are shipping CBD via the mail, make sure to have all records related to the CBD for at least two years. This includes lab testing, licensing reports, and compliance reports. This ensures you are protected legally.
- Signing of a self-certification statement that vouches for the accuracy of the CBD that is sent.
THC and Lab Testing Requirements
CBD must contain no more than .3% THC. The United States Food & Drug Association has yet to set up an exact testing and certification regimen. This means CBD manufacturers abide by an "honor system" when it comes to following these rules.
This is why so many companies use a third-party laboratory. This is an independent body which provides a COA (Certificate of Analysis).
A COA will show all testing information done to the CBD batch that has been sent, including its levels of THC. This will ensure that the CBD batch in question meets all legal requirements, including its levels of THC.
What Do COA’s Mean for Consumers?
These regulations, while a hassle for some, are important for the consumer
Unfortunately, studies have found that far too many vendors have intentionally mislabeled their CBD. As a result, consumers could easily lose confidence in the accuracy of CBD labels.
Certificates of Analysis are great ways to alleviate this problem. Since a certificate is required to mail CBD, ordering a CBD product online is more reliable than ever. It forces vendors to get a COA and keep records on what testing is done.
This is an unintended benefit of ordering a CBD product by the mail. It basically means that, as long as the product was sent legally, it will have had testing completed on it.
What About International Shipping?
Here's where things can get tricky. There is no set answer, as international guidelines for CBD can vary from country to country.
Some countries have legal CBD sales within the country, but importing internationally-produced CBD may be illegal.
As such, you have to check with local authorities before you ship CBD products abroad.
Further complicating the issue is the level of CBD that is permissible. Many countries - particularly those in Europe - have legalized CBD for commercial sale, and they have legalized CBD for international mail.
The issue is the level of permissible CBD: In many countries, those levels are .2% THC, not .3%. As such, you may not be able to ship American-made CBD and may need to find customized CBD that meets the appropriate and legally permissible level of THC in a CBD product.
Whether you’re a consumer or a business owner, make sure you are getting the most up-to-date information about local laws and regulations before sending CBD by mail.
Doing so can avoid CBD being confiscated and keep you out of trouble.
Sending CBD via the mail is not complicated - you just have to obey local laws and retain some paperwork.
It can get more complicated when you are sending CBD internationally, but even then, you should be fine, provided you are sending CBD to a country in which CBD use is legal.
Just stick to local laws, keep your paperwork, and you'll have nothing to worry about!
If you’d like to learn more about mailing CBD, contact Eden’s Herbals today at [email protected]!
*These statements have not been evaluated or approved by the Food and Drug Administration and are not intended to diagnose, treat or cure any illness. Medical advice should be taken from a medical professional.
All of the articles on this site are written by 3rd party content providers, expert bloggers or doctors not directly affiliated with Eden’s Herbals.
Individuals should learn the risks and side effects prior to taking CBD. Make sure to always check with a medical professional before starting any new CBD treatment or medication that is not FDA approved.