Are you aware of how crucial the mail system is in your daily life? Without the United States Postal Service (USPS) and its employees, all of those Amazon parcels, bills, and postcards would be gone. On this International Postal Workers Day, we’re thankful for yet another service provided by the postal system: the opportunity to mail CBDMEDICTM goods.
Let’s look at the laws and regulations surrounding CBD shipping and how they apply to our products.
A Brief History
Cannabis has been classed as a Schedule I substance in the United States since 1990, making it unlawful to grow, distribute, or use it. But then everything changed. The USPS is reconsidering the legality of sending products containing cannabis or cannabis-derived compounds, following the passage of the 2018 Farm Bill (which removed Cannabis sativa L. from the Controlled Substances Act list). Cannabis cultivation, on the other hand, remains unlawful if cultivated without a USDA licence granted under a USDA plan or in a state where a USDA-approved cannabis production plan does not exist.
The 2018 Farm Bill builds on the 2014 Farm Bill by permitting state agriculture departments and institutions of higher education to cultivate cannabis for research purposes as long as the research center’s state law permits it. Many different pilot programmes have been developed across the country to examine the many uses of cannabis as a result of this new regulation. The agricultural community gained the leverage it needed to fight for change as a result of the success of these programmes.
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What you should know about sending CBD by mail
On June 6, 2019, the United States Postal Service announced an increase of cannabis and cannabis-derived product mailing laws (Publication 52, part 212). This adjustment was made in response to several requests from individuals and businesses for information on mailing requirements. Following an investigation, the USPS found that cannabis and cannabis-based products, including CBD, can be distributed by the USPS without violating federal law in certain instances. The following are some of the rules:
The new regulations stipulate that all cannabis and cannabis-derived products, including CBD, must have a tetrahydrocannabinol (THC) concentration of less than 0.3 percent (dry weight).
Full-spectrum or isolate CBD products are the most common kind of high-quality CBD. Full-spectrum products contain other cannabinoids (e.g., CBG and CBN), as well as terpenes and other active ingredients, whereas cannabis-derived isolates solely contain the CBD cannabinoid. Both of these types of cannabis-derived items can now be transported through the United States Postal Service.
Labeling of Products
The FDA does not currently regulate cannabis or cannabis-derived products, and it has not done any studies to establish the effects or benefits of these products.
As a result, the FDA has made no claims supporting or discouraging the use of CBD products for health reasons. When labelling items, it is crucial not to exaggerate the benefits or make false claims, as this may lead consumers to forego getting medical help in favour of depending entirely on the product. All items must also include accurate information regarding the product’s components, such as the amount of CBD it contains.
Aside from proper/accurate labelling, it is the responsibility of CBD product producers and distributors to keep records demonstrating compliance with all current requirements set forth in the 2018 Farm Bill, state legislation, and latest USPS regulations. For at least two years after the date of each letter, these should include (at a minimum) laboratory test results, licences, or compliance reports.
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According to the new USPS regulations, the mailer is responsible for researching and adhering to the regulations set forth by their own state, as well as the states to which their products will be transported.
Every company that mails cannabis-derived items is responsible for their own compliance with all laws and regulations regarding mailability, and they must keep records. This shows that they are in compliance with all federal and state laws.
Companies shipping cannabis-derived products via the USPS are not required to provide this documentation at the time of sending. They may, however, be required to show this paperwork at the time of mailing or at a later time. This is especially crucial if there are any doubts about the item’s mailability or the addressee’s legal ability to receive it.
Abusing the laws established under the Farm Bill of 2018, the USPS regulations, as well as those set by each state, has serious penalties for company representatives and individuals. Even though CBD products are lawful to sell and mail in all 50 states, violating the new USPS standards (by attempting to mail products with a THC concentration more than 0.3 percent) can result in a five-year prison sentence and a $250,000 fine.
How does the future appear?
The FDA recently convened a public meeting in order to gather additional scientific data on products that contain cannabis or cannabis-derived substances. Over 100 persons spoke during the hearing, and over 1,000 people registered to take part in the discussion. Consumers, patients, and healthcare advocates and experts, as well as representatives from academics, agriculture, public safety, and retail, gave evidence.
There was general agreement among individuals who presented material and attended the session that the FDA should regulate the CBD sector in some way, but no clear answer as to how much. Many of the presenters expressed their own (or a group’s) opinions on how the FDA should govern this industry. Some of the speakers called for tighter regulation, while others advocated for less.
The absence of published scientific data has been the source of most of the safety concerns surrounding CBD use to date. CBD products have not been cleared by the FDA in the same way that other chemicals have. They believe that consumers should be aware of the safety of CBD products as well as the risks of side effects and medicine combinations.
Following the presentations by the various speakers, FDA representatives asked specific questions about the production …