Could CBD/hemp vaping equipment be exempt from the incoming rule prohibiting the mailing of e-cigarette and vaporiser-related products through the US Postal Service (USPS)?

Recent consultation guidance does suggest that the USPS is considering broadly exempting hemp and CBD services from the incoming rule.

The guidance states: “For hemp-based products containing CBD with a THC concentration not exceeding 0.3 percent, mailers must retain, and prepare to make available upon request, records establishing compliance with all applicable federal, state, and local laws pertaining to hemp production, processing, distribution, and sales, including the Agricultural Act of 2014 and the Agricultural Improvement Act of 2018.”

Such a move would be a significant boost to the US CBD vaping sub-sector, which looked to be bereft of shipping options due to the decision as well as all other major mail carriers also moving to ban the shipping of related products.

However the guidance is not confirmed. Thus far the exemption has only been suggested through references, with no de facto formal statement on the matter. The delayed implementation of the ban may lead to a clearer understanding, with the USPS probably looking to clear up such issues as this before it issues its final rule “as soon as possible”.

Feel free to submit your questions for our next blog post*

*Under CBD-Intel’s editorial discretion