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U.S. Postal Service Clarifies Hemp-Derived CBD Policy

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The U.S. Postal Service (USPS) clarified in an expanded policy update that hemp-derived cannabidiol (CBD) and other hemp products are legal to mail since the crop is no longer a federally controlled substance. The clarification comes after the Transportation Security Administration (TSA) announced that it will allow certain hemp-derived CBD products on flights.

In March, the USPS issued an advisory clarifying that some CBD products derived from hemp would be mailable under specific conditions and that they would further loosen restrictions with the passing of the 2018 Farm Bill. Under the new policy, hemp and hemp-derived products, including CBD, may be mailed when the mailer complies with all applicable laws and retains records establishing that compliance. The USPS is requiring mailers to keep records affirming that the product meets the federal definition of hemp and a copy of the laboratory testing results.

“A mailer is not required to present the documentation at the time of mailing, but such documentation may be requested either at that time or on a later date if there is doubt about the item’s mailability or the addressee’s ability to legally receive it,” USPS wrote. “This process is consistent with existing regulations governing questions about mailability of restricted matter.”

Other issues surrounding the mailability of hemp will likely be further clarified after the hemp legalization provision of the agricultural law is implemented, meaning the USPS will further loosen guidelines when the framework for hemp under the 2018 Farm Bill is created. The 2018 Farm Bill removed hemp from the controlled substances list and gave it a definition that differentiates it from cannabis. It also clarified hemp as an agricultural crop and commerce between states is allowed. In April, the U.S. Department of Agriculture released guidelines allowing hemp seeds to be imported from outside the U.S.

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