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U.S. Regulatory Trends In CBD And How To Ship Nationally

Man put label on international shipment box

The cannabidiol (CBD) market continues to grow and is expected to reach $61.2 billion by 2027. The Food and Drugs Administration has stayed clear of introducing CBD regulations for now, meaning many individual U.S. states have introduced their own. 

For businesses that sell cannabidiol products like CBD products, this presents many challenges, including how to ship products on a national level.

Explore the latest regulatory trends in CBD to help you adjust your shipping strategy. But as with anything related to regulatory compliance, seek the expertise of professionals before making any moves. 

Federal CBD regulation in the U.S. 

There are varying rules and regulations around CBD in the U.S. One of the most significant developments in CBD legalization was the 2018 Farm Bill - a bill that is updated every few years to provide guidance around agriculture and food production. 

The 2018 bill included hemp cannabis plants for the first time, allowing the cultivation, production, and sale of hemp-derived CBD to become legal - provided it contained less than 0.3% THC. 

The FDA admits the current regulations do not adequately address CBD, and plans to work with Congress to develop a new regulatory framework in future that may include stricter labeling, age restrictions, and dosage guidelines. 

State-specific regulations

While FDA regulations are a work in progress, things are different at the state level, where states have different rules around the sale and marketing of CBD products, with some being stricter than others. 

In Connecticut and Kentucky, for example, online distribution of CBD is restricted. State laws on the matter continue to evolve, which can have a significant impact on businesses hoping to maintain compliance. 

Some of the most significant state-specific CBD regulations include:

Alaska

Alaska’s regulations mean CBD products must be free from any non-naturally occurring cannabinoids, including any modified or synthesized hemp derivatives. 

Idaho

Idaho is known for having some of the strictest CBD laws, and currently only permits CBD products with 0% THC, except for full-spectrum CBD products which can contain trace THC amounts. 

Kansas 

In Kansas, only THC-free CBD products are permitted to be sold, with strict labeling standards to ensure compliance with this policy.

Virginia 

Virginia has a strict “total” THC cap of 0.3%, which includes all tetrahydrocannabinol forms, including acid derivatives. This requires strict testing and labeling requirements to ensure compliance. 

While regulations across different states vary, recent trends show that some states are growing stricter, especially when it comes to THC limits. From monitoring contaminants to transport laws, there is a lot for businesses to navigate when it comes to shipping CBD products in different states.

Navigating shipping regulations across different states

Whether you sell CBD vapes, lotions, oils or other products, the good news is that it is possible to ship them to different U.S. states. The not-so-good news is that to sell CBD online legally and successfully, you’ll need to ensure you meet the strict guidelines put in place by each state. Here are some tips on how you can maintain compliance.

Stay up to date with each state’s regulations

As state laws around CBD could change and evolve, you must stay on top of the latest regulations for each state. It’s always recommended that youseek legal advice to help your business comply. 

Ensure THC levels are under 0.3%

CBD is only legal when THC levels are under 0.3%. If you sell goods purchased from another manufacturer, it’s important to ensure the products you’re shipping are fully compliant with this rule.

Vet your suppliers

Another important consideration is to ensure your suppliers are fully licensed to grow CBD. Should a supplier be found to be unlicensed, at the very least, your supply chain will be interrupted - impacting your ability to fulfill orders. 

More seriously, you could face legal consequences for selling illegal products. Always choose a licensed CBD supplier to help you maintain compliance with the law. You may wish to obtain a Certificate of Analysis (COA) to provide with your shipments to help ensure the legality of your product, as well as its purity.

Maintain compliance with courier regulations                                                                                                                                  

In addition to maintaining compliance with federal and state laws, you also have the regulations of different shipping companies to consider. USPS, UPS, DHL and FedEx have unique requirements for mailing CBD products through their services. 

This can include the completion of forms for self-certification, in addition to some strict packaging guidelines such as ensuring that any branding or labeling doesn’t reveal the package’s contents. 

Carry out further checks for international shipping

If you plan to ship your products internationally, you will need to verify the requirements for the destination country in advance. Different countries have different rules entirely around CBD products, with many banning them entirely. 

In countries where CBD is legal, it is still important to maintain strict compliance with the destination’s regulations, including any shipping requirements.

Find a suitable merchant account provider to help you sell CBD online

Selling CBD products online involves several complexities, but having processes in place that help you meet specific guidelines around CBD shipping can help your business operate successfully. Another consideration is using the right merchant account provider to help you sell your products online.

Choosing a provider that understands the market can help you overcome some of the challenges of selling CBD online.  From enhanced security to round-the-clock customer support, working with a suitable CBD payment processing service will help protect your and your customer's data, no matter which payment type they choose.

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