USPS Releases Final Rule Banning Mailing of Hemp, CBD and Marijuana Va…

The U.S. Postal Service (USPS) on Wednesday released its final rule on the mailability of vapes, asserting that even devices designed for federally legal hemp derivatives like cbd gummies generally cannot be shipped through the U.S. The agency has been developing the regulations to comply with a bill passed by Congress last year that is mostly aimed at stopping nicotine vaping devices from being mailed-though it has broader implications. Despite significant public comment on an earlier proposed version of the rules that urged USPS not to interpret the law in a way that restricts hemp businesses, Highline Wellness CBD reviews the agency ultimately said that cannabis vapes fit the definition of what lawmakers moved to ban. There are some exceptions, Highline Wellness CBD reviews but stakeholders are disappointed by the final rule. During public comment, some argued that the bill was specifically meant to restrict mailing of nicotine-based vapes. USPS explained in the rule, cbd hemp extract which is set to be published in the Federal Register on Thursday, that by the letter of the law, that includes hemp and Highline Wellness CBD marijuana vapes.

"It goes without saying that marijuana, hemp, and their derivatives are substances," the agency said. USPS said those arguments are not valid because, 1) it’s part of the federal government and Highline Wellness CBD reviews is, therefore, Highline Wellness CBD reviews unaffected by state or local marijuana policies and 2) it’s not part of the Justice Department, which is the only branch of the government restricted by the state protection rider in appropriations legislation. The agency further clarified that hemp containing up to 0.3 percent THC is federally legal and is generally mailable, but only "to the extent that they are not incorporated into an ENDS product or function as a component of one." As such, while business can generally mail out legal hemp-derived products, that’s only the case if they are not vaping products covered under the new law. "The POSECCA and the Agriculture Improvement Act overlap, but they do not conflict. The Agriculture Improvement Act merely excludes certain products from the CSA.

It does not affirmatively declare hemp and hemp derivatives to be mailable in any and all circumstances, superseding all other relevant laws (such as the POSECCA). For its part, the POSECCA restricts the mailability of only certain hemp-based and related products; hemp-based non-ENDS products are unaffected, as are ENDS products falling within one of the PACT Act’s exceptions. There are limited exceptions to the new mailing rule. Vapes can be shipped within the states of Alaska and Hawaii; verified businesses can mail vapes between each other or to government agencies; companies can send products for consumer testing or public health purposes; and individuals can ship up to 10 ENDS for non-commercial use per 30-day period. Beyond that, it is generally prohibited for a company to send a vaping device to a consumer via U.S. Some commenters argued that Highline Wellness CBD reviews products could fall under the health exemption to the general ban, but USPS said that would not apply unless and until the Food and Drug Administration (FDA) approves any such products.

"The FDA likewise has not approved any ENDS product for therapeutic delivery of any non-nicotine substance, including, in particular, buy cbd or other substances derived from marijuana. Once again, except for hemp-derived cbd supplements containing no more than 0.3 percent THC by dry weight, cannabis and cannabis derivatives remain nonmailable under the Controlled Substances Act regardless of the POSECCA and notwithstanding any State or local laws on ‘medical’ marijuana… Vaping advocates say the final USPS rules confirm concerns they have long voiced as Congress considered enacting the ban. "USPS never asked Congress to hand them a new unfunded mandate. The reality is Congress set the overly expansive language and USPS was and is statutorily obliged to apply the law as they wrote it," Gregory Conley, president of the American Vaping Association, told Marijuana Moment. "Of course, there remains an open question around how vigorously the law will be enforced, particularly around products that lack state or federal excise taxes," he said. By preventing vape manufacturers and retailers from utilizing USPS to ship their goods, the regulations will effectively force them to use more expensive private courier services-a cost that will likely be passed on to consumers. Photo courtesy of Wikimedia/Kevin Payravi. Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. He’s covered drug policy for more than a decade-specializing in state and federal marijuana and Highline Wellness CBD reviews psychedelics issues at publications that also include High Times, VICE and attn. In 2022, Jaeger was named Benzinga’s Cannabis Policy Reporter of the Year.