The United States Postal Service has issued a new policy update confirming that hemp derived products are legal to mail because hemp is no longer considered a controlled substance under Federal law. For more information on the accepted criteria read the “BMA Advisory: Acceptance Criteria for Cannabidiol (CBD) Oil and Products Containing CBD“ copied below:
“1. A signed self-certification statement, subject to the False Statements Act. Statements must be printed on the mailer’s own letterhead, and must include the text, “I certify that all information contained in this letter and supporting documents are accurate, truthful, and complete. I understand that anyone who furnishes false or misleading information or omits information relating to this certification may be subject to criminal and/or civil penalties, including fines and imprisonment.”
- The industrial hemp producer possesses a license issued by the Department of Agriculture, for the state where the Post office/ acceptance unit is located, which includes documentation identifying the producer by name and showing the mailer is authorized by the registered producer to market products manufactured by that producer.
- The industrial hemp, or products produced from industrial hemp, contains a delta-9 THC concentration of not more than 0.3% on a dry weight basis.”
The first statement is fairly straightforward. Mailers must include a statement that all documents are accurate and true.
The second is a bit more complicated. It requires Hemp producers to hold a license with the Department of Agriculture where the Post Office is located. This statement fails to recognize cases where hemp products are shipped from a state that differs from the state of the hemp cultivation. An example of this would be a hemp retailer acquiring hemp from a major hemp state (Colorado, Kentucky, etc.) outside of where their products are sold. The second point also requires documentation from the mailer proving the producer to “market products” authorizes them. This could be problematic for retailers who do not have a direct relationship with the cultivators growing the hemp used in their hemp-derived CBD products.
The final point requires hemp-derived CBD products to contain less than .3% THC concentration. Providing a Certificate of Analysis or COA with each shipment of hemp-derived CBD products will suffice.
These guidelines are temporary and explicitly state they may be altered as federal agencies continue to lay the foundation for regulating hemp-derived CBD products. This memo does not prevent state law enforcement from seizing shipments because USPS memos do not bind them.