June 19, 2019
In March, we notified readers of a guidance letter that the United States Postal Service (“USPS”) had issued which addressed how cannabidiol (“CBD”) products may be sent via U.S. Mail. On June 6, 2019, the USPS provided more concrete guidance by revising Publication 52, Hazardous, Restricted, and Perishable Mail, to add CBD mailing regulations under new section 453.37.
What is the new CBD mailing policy?
Complying with the USPS’s CBD Mailing Policy
Publication 52 now permits the mailing of CBD products containing no more than 0.3% of tetrahydrocannabinol (“THC”) when: “a. [t]he mailer complies with all applicable federal, state, and local laws (such as the Agricultural Act of 2014 and the Agricultural Improvement Act of 2018 [(the “Farm Bill”)]) pertaining to hemp production, processing, distribution, and sales; and b. [t]he mailer retains records establishing compliance with such laws, including laboratory test results, licenses, or compliance reports for no less than 2 years after the date of mailing.” It is interesting to note that the revision to Publication 52 is actually less restrictive than the CBD mailing criteria outlined in the earlier USPS guidance letter. The guidance letter had required mailers to provide a signed self-certification statement on their own letterhead, acknowledging that they were operating in compliance with applicable federal, state, and local laws. In revising Publication 52, the USPS no longer requires a self-certification statement with the mailing, but reserves the right to request such documentation for up to 2 years after mailing.
CBD Mailing and the Farm Bill
The Farm Bill prohibits states from restricting the interstate transportation or shipment of lawfully produced CBD products. However, the Farm Bill places the onus on states to regulate the production and sale of hemp within their respective borders. Therefore, those that mail CBD products across state lines should be aware of CBD product laws/regulations in the applicable receiving state jurisdictions. CBD-based product businesses must remain apprised of evolving federal and state regulations. If you need guidance in connection with your CBD-related venture, please email us at info@kleinmoynihan.com or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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