Ever had a friend or relative ask you to ship them cannabis edibles? Hemp oil? CBD? Although shipping some of these products may be legal, perhaps you are hesitant before taking them to the post office. The list below serves to clearly outline U.S. federal laws for shipping marijuana, hemp, and CBD.
Marijuana
Definition - All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.1
It does not include “hemp, the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.”2
Shipment Status
Even if you are mailing between two states that have legalized marijuana or within the same legalized state, the United States Postal Service is a federal entity, and the federal government has not yet declared marijuana legal.
The offense for shipping or mailing marijuana is known as “interstate trafficking” as marijuana is considered to be a Schedule I drug under the Controlled Substances Act. Additionally, some of the states that have legalized marijuana have started passing their own laws prohibiting the mailing or shipping of marijuana. Bottom line: Shipping marijuana is not legal.
Carriers
None
Hemp
Definition- The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.3
Shipment Status
Hemp is legal so long as the percentage of THC in the product does not exceed 0.3%.
Carriers
USPS, UPS, FedEx
CBD
Definition - CBD, short for cannabidiol, is a chemical compound from the Cannabis sativa plant. CBD can be derived from both hemp and marijuana.
Shipment Status
Because CBD can derive from either marijuana or hemp, it is important to check the product’s ingredient statement. If the THC percentage is below 0.3 percent, it is ok to ship because it falls under the “hemp” category. Alternatively, if the THC percentage is 0.3 percent or above, the product is illegal to ship.
Carriers
USPS, UPS4
NOTE: The efficacy of CBD has not been confirmed by FDA-approved research. FDA’s position is that all CBD products that are intended for human or animal consumption or use are prohibited. Please see our posts on this subject here, here, here, and here.
Follow up with The Rodman Law Group to discuss further regulatory complexities. The cannabis space is highly volatile and the laws pertaining to the industry change quickly and constantly. The Rodman Law Group stays abreast of these changing regulations and is able to assist with any questions you may have regarding this area of law.
- 21 USC 802(16)(A).
- 21 USC 802(16)(B).
- 7 USC 1639(o)(1).
- UPS will not pick up from a marijuana business of any kind.
The information in this blog post (the "Blog" or "Post") is provided as news and/or commentary for general informational purposes only. The information herein does not, and shall never, constitute legal advice and therefore cannot be relied upon as a legal opinion. Nothing in this Blog constitutes attorney communication and is not privileged information. Nothing in the Post or on this website creates any kind of attorney-client relationship or privilege of any kind.
Originally published March 2, 2020, at https://therodmanlawgroup.com