Last year, the Federal Farm Bill removed hemp from the Controlled Substances Act. This removal left it up to each state to make their own rules for the plant, causing confusion among the states and regulators on what to do next.
Now, in some states growing hemp remains illegal, some states allow for the growth of hemp but not sales of hemp products, some allow for the sale of hemp products, and some want you to keep it all out of their state. You can read about 17 states and their specific laws here.
While each state picks and chooses how to regulate CBD, anyone can go online to order the substance. There’s a good chance that CBD is going to end up on one of your delivery routes.
It’s Important to Know the Difference
Knowing what form the hemp is being transported in is crucial to knowing the legal barriers you’re facing.
Hemp is a strain of the cannabis plant. It grows quickly and is considered a sustainable source for fibers and other items. Hemp contains little-to-no THC and therefore does not provide a “high” when burned and is different from marijuana.
Also a strain of the cannabis plant, Marijuana contains THC, a chemical that acts as a psychoactive when consumed. Some states allow for purchase of marijuana for any reason, while others require medicinal uses only. If you’re wondering about your state’s laws, click here for an interactive map.
CBD is one of the most common cannabidiols in cannabis, second to THC. CBD does not have the same psychoactive effect that THC does, but is said to provide a variety of benefits.
CBD has been studied for its therapeutic effects on those with chronic pain, anxiety, depression and other conditions.
While CBD is legal in some states, it remains widely unregulated and can vary in additives and strength.
Driving and Delivering CBD Oil
In spite of each state varying in laws, the internet makes CBD available to the masses, even if they live in a state where it is illegal.
In 2018, USPS was sued for detaining a CBD derived from hemp (and therefore lacking THC) in Denver, Colorado, where all forms of marijuana are currently legal.
The judge decided that, as CBD is no longer considered a Controlled Substance by the federal government, that it was okay to mail. USPS then released a “temporary” set of guidelines for mailing CBD via USPS that include additional forms and disclosures of the package contents.
The bottom line…
Until a standard set of laws is put in place, knowing what you’re carrying, and its potential legal implications is going to be your biggest protection against legal action. Before you agree to make the delivery, you should request verification that the product has less than 3% THC and making sure you’re aware of your states’ laws.
All information is accurate as of date this blog was published, according to sources cited within the blog. If you have additional information on delivering CBD that you believe is pertinent, please contact us.