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Sending hemp and CBD within the mail has confirmed to be extra of a problem than one would anticipate given the latest enlargement of hemp’s authorized standing in the US. We wrote about this subject just lately, and quoted each a USPS coverage assertion and an administrative courtroom ruling that hemp and hemp extracts are mailable commodities.

On June 6, an replace from the US Postal Service (USPS) arrived with new and extra simple pointers for mailing hemp and CBD in the US. The brand new coverage replace entitled “Publication 52 Revision: New Mailability Coverage for Hashish and Hemp-Associated Merchandise” simplifies hemp mailing necessities and addresses adjustments caused by the 2018 Farm Invoice.

 

The brand new publication states:

Hemp and hemp-based merchandise, together with cannabidiol ( CBD) with the tetrahydrocannabinol (THC) focus of such hemp (or its derivatives) not exceeding a 0.three p.c restrict are permitted to be mailed solely when:

  • The mailer complies with all relevant federal, state, and native legal guidelines (such because the Agricultural Act of 2014 and the Agricultural Enchancment Act of 2018) pertaining to hemp manufacturing, processing, distribution, and gross sales; and
  • he mailer retains information establishing compliance with such legal guidelines, together with laboratory take a look at outcomes, licenses, or compliance stories, for at least 2 years after the date of mailing.

After all, the second requirement just isn’t a part of the 2018 Farm Act and might be unenforceable; nevertheless, from a sensible standpoint it makes good sense. Below this new coverage, hemp and hemp extract merchandise could be mailed wherever in the US if the mailer complies with all federal, state, and native legal guidelines and maintains copies of compliance paperwork for 2 years. The important thing takeaway is to not throw away your COA’s, cultivation or processor registrations, or every other supplies which will serve to show that the hemp you mailed is lawful.

One notable function of this new coverage is the removing of the requirement that the individual mailing hemp and hemp extract merchandise commit themselves in writing to the False Statements Act. This was a considerably onerous and overblown requirement of the earlier USPS pointers that subjected an individual to civil and prison penalties for offering false details about the contents of the packages. Signing such a self-certification assertion could be intimidating, even for an individual who’s being truthful concerning the contents of the objects being mailed. This provision maybe was supposed to dissuade people from sending hemp merchandise within the first place.  Whereas mailers ought to nonetheless solely ship absolutely compliant hemp and hemp extract materials accompanied by compliance paperwork similar to COAs and registrations, they’re now not required to attest personally to the validity and accuracy of accompanying paperwork.

Most significantly, the USPS’s up to date coverage acknowledges the authorized standing of hemp produced in accordance with the 2018 Farm Invoice and the 2014 Farm Act Pilot Applications. It’s lawful to mail hemp and extracts from hemp cultivated underneath a lawful pilot program supplied that they meet all federal, state, and native authorized requirements, and the mailer retains copies of compliance paperwork for a interval of two (2) years. We hope that the results of this coverage replace shall be an uptick in mailed hemp and a lower within the fee of USPS seizures of packages containing hemp. We additionally hope that this publication by the USPS will foster broader understanding of the legality of interstate transport of lawful hemp and hemp extract merchandise.

June 13, 2019

This put up was written by Kight on Hashish lawyer Kamran Aryah. He works carefully with shoppers to develop compliance methods. Kight on Hashish is a legislation agency based by lawyer Rod Kight that represents authorized cannabis companies. You’ll be able to contact us by clicking right here.

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