Mailing CBDs just got a whole lot easier as USPS updates policy on mailing cannabis and hemp-related products.

Our March 25 piece on the Postal Service’s guidance setting out the procedure for USPS’s acceptance of a CBD oil or other lawfully produced hemp derived product is now superseded by a revised Publication 52 containing the new June 6, 2019 Postal Service policy for the Mailability of Cannabis and Hemp-Related Products.

The Publication adds Section 453.73 “Hemp-based Products” providing mailing standards for cannabis and industrial-hemp derived products. Whereas the old guidance required the presentation of certified statements the new guidance does away with those requirements mandating simply that the mailer maintain proper records showing compliance with the stated criteria (less than 0.3% THC and compliance with federal law).

Here’s the new section in its entirety:

453.37 Hemp-based Products

For purposes of this section, “hemp” shall have the meaning provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision.

Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed only when:

  1. The mailer complies with all applicable federal, state, and local laws (such as the Agricultural Act of 2014 and the Agricultural Improvement Act of 2018) pertaining to hemp production, processing, distribution, and sales; and
  2. The 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.

Tip: Don’t forget that the Farm Bill left the authority with the States to authorize and regulate hemp’s production and sale. So ensuring you have the authority to produce or receive these products is a condition precedent to getting something in the mail.  

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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1 Response

  1. June 20, 2019

    […] post Mailing CBDs just got a whole lot easier as USPS updates policy on mailing cannabis and hemp-related… appeared first on Libation Law […]

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