US Postal Service Issues Guide on Mailing CBD Hemp Products.Even though hemp-derived CBD is legal this doesn’t mean it isn’t
sometimes seized when mailed through the US Postal Service.
The U.S. Postal Service (USPS) quietly issued an advisory clarifying rules around
mailing cannabis preparations, saying that “some CBD products derived from
industrial hemp can be mailable under specific conditions.”
The memo also signals that USPS will further loosen restrictions in the future in
light of the passage of the 2018 Farm Bill, which federally legalized industrial
For those waiting on a shipment or package of CBD this can be frustrating to say
the least. Fortunately, seizing lawful CBD packages is set to soon change. Rules
for shipping CBD products through the mail received some clarification ,something
that will surely allow CBD manufacturers, companies, and consumers to breathe a
sigh of relief when it comes to mailing cannabidiol products.
The current advisory specifies that it is legal to send hemp-derived CBD in the mail
through the USPS in compliance with regulations laid out by the now seemingly
ancient 2014 Farm Bill.
According to the newly issued advisory, “the postal service has received an
increasing number of requests to transport CBD oil and products containing CBD in
Postal Service networks.”
It goes on to state that while in the past, CBD was considered a Schedule I drug,
the 2014 Farm Bill made some CBD products mailable under specific conditions.
Required documentation for CBD product.
1) A signed self-certification statement, subject to the False Statements Act.
Statements must be printed on the mailer’s own letterhead, must be signed by the
mailer, and must include the text “I certify that all information furnished 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 or imprisonment.”
2)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
3)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 advisory also notes that “postal employees should be aware that the
Agricultural Improvement Act of 2018 (2018 Farm Bill) was recently signed into
law” and that “this legislation removes industrial hemp from regulation under the
Controlled Substances Act.
Here´s the trick.
None of these requirements are actually necessary under both the 2014 and 2018
It’s been legal to mail industrial hemp and hemp-derived CBD regardless if the
package contains the said documentation or not.
However, postal customers must first take certain steps such as providing a signed
self-certification statement and documentation confirming the hemp producer is
licensed through a state agriculture department.
Hemp mailed through USPS must also contain 0.3 percent THC—a policy that’s
consistent with both the 2014 and 2018 Farm Bill definitions of hemp. (this rule is
Then, why is so much drama done in the U.S postal services.?
The US Department of Agriculture is responsible for implementing new laws
pertaining to hemp and CBD, something agricultural Secretary Sonny Perdue has
emphasized needs to “proceed slowly.”
According to Perdue, “We’re proceeding very judiciously obviously because of the
uniqueness of the hemp crop and its relationship to other crops we’re not
Despite the passing of the 2018 farm bill and its removal of hemp CBD from legal
restriction, all the rules aren’t complete.
Farm Bill 2018: https://tryplainjane.com/blogs/news/the-farm-bill-hemp-legalization-
After the 2018 Farm Bill was signed into law, Kentucky’s Commissioner of
Agriculture Ryan Quarles headed to Washington, D.C. to personally deliver to
USDA a plan to regulate hemp, making his state the first to take formal action
under the new federal legalization provisions. This is a big step for Hemp Companies.
However, federal regulations for interstate transportation of hemp have not yet
been issued and, while the federal agriculture legislation covers the whole nation,
hemp production and processing is still illegal under the laws of some states.
Until USDA’s rules are formalized, hemp farmers are still able to grow under
their respective state’s hemp research pilot programs under the 2014 Farm
The expectation is that by 2020 all of these hiccups will be smoothed out and the
hemp CBD industry will be thriving even more than it is today. Until then, we
repeat: the most prudent thing to do is speak with a lawyer and make sure you
adhere to the requirements (above) from the Postal Service advisory. At the least,
be aware of them.