Now that the holiday season is here, Hemp Cannabinoid companies are busy selling and shipping their products to consumers across the country. In addition to limiting the sale and distribution of their products to Judicial authorities Where these products are expressly permitted and regulated, Hemp Cannabinoid companies must also familiarize themselves with their carrier’s guidelines and ensure compliance with them.
This publication provides a brief overview of the policies adopted by the three major US carriers, the United States Postal Service (USPS), UPS, and FedEx, and only addresses mailing of finished Hemp Cannabinoid products for human consumption to end consumer use.
USPS authorizes mailing of packages containing finished Hemp Cannabinoid products, except for those in electronic vaping devicesProvided that certain conditions are met. These terms are set forth in the USPS’ Newsletter 22579 on August 26, 2021) USPS GuidelinesIt stipulated that the sender of the transmission must ensure the following:
- THC threshold: Th products meet the threshold of 0.3% of total THC – note that USPS guidelines incorrectly state that THC concentration must not exceed the “0.03 percent limit”;
- Laws and Regulations: Cannabis blended into finished products has been produced, processed, distributed, and sold under all applicable federal, state, and local laws;
- household: Products are only mailed domestically. USPS Guidelines expressly prohibit international mail, including items for delivery to overseas military and diplomatic post office addresses; And
- Record keeping: The sender shall keep records showing compliance with said laws, such as corresponding certificates of analysis from an accredited laboratory and copies of product and processor licenses, for a minimum period of three years after the date of dispatch. While these documents do not need to be attached to the shipment, USPS may require them at the time of mailing or at a later time if there is any question as to the legality and, therefore, mailability of the products, or regarding the recipient’s ability to lawfully receive the package.
The UPS Guidelines It states that:
UPS accepts hemp products (including Cannabidiol – CBD) for shipment only as permitted by all applicable state and federal laws. It is the shipper’s responsibility to ensure compliance with all such laws, including the Food, Drug, and Cosmetic Act, 21 USC §321, et seq.
Similar to the USPS, UPS strictly prohibits international shipping of finished Hemp Cannabinoid products as well as domestic shipping of Hemp Cannabinoid Liquid products for evaporation, such as electronic cigarette devices and gels. This ban applies to vaping products regardless of nicotine content and even if the shipper or consignee is permitted to ship and receive vaping products under applicable laws or regulations.
It’s also worth noting that special carrier guidelines state that UPS will not accept shipments containing finished Hemp Cannabinoid products from anywhere that sells marijuana or marijuana products.
Like its competitors, FedEx allows shipment of finished Hemp Cannabinoid products that contain no more than 0.3% total THC. Although FedEx does not expressly require that shippers guarantee that products meet all applicable federal, state, and local laws or keep records, a private carrier guiding rules Contains a list of prohibited shipments. Prohibited products/substances include:
- Marijuana, as defined by United States Federal Law, 21 USC 802 (16), including marijuana intended for recreational or medical use and marijuana-derived cannabidiol (CBD);
- Any product containing a delta-9-tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis, except as indicated in 21 CFR 1308.35.21; And
- Synthetic cannabinoids.
In short, Hemp Cannabinoid companies should not ignore these carriers’ guidelines, which in general, are fairly easy to follow and can help reduce the risk of enforcement action. This should help ensure that the next few weeks are indeed the most amazing time of the year.