Our March 25 piece on the Postal Service’s guidance setting out the procedure for USPS’s acceptance of a CBD oil or other lawfully produced hemp derived product is now superseded by a revised Publication 52 containing the new June 6, 2019 Postal Service policy for the Mailability of Cannabis and Hemp-Related Products.

The Publication adds Section 453.73 “Hemp-based Products” providing mailing standards for cannabis and industrial-hemp derived products. Whereas the old guidance required the presentation of certified statements the new guidance does away with those requirements mandating simply that the mailer maintain proper records showing compliance with the stated criteria (less than 0.3% THC and compliance with federal law).

Here’s the new section in its entirety:

453.37 Hemp-based Products

For purposes of this section, “hemp” shall have the meaning provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision.

Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed only when:

  1. The mailer complies with all applicable federal, state, and local laws (such as the Agricultural Act of 2014 and the Agricultural Improvement Act of 2018) pertaining to hemp production, processing, distribution, and sales; and
  2. The mailer retains records establishing compliance with such laws, including laboratory test results, licenses, or compliance reports, for no less than 2 years after the date of mailing.

Tip: Don’t forget that the Farm Bill left the authority with the States to authorize and regulate hemp’s production and sale. So ensuring you have the authority to produce or receive these products is a condition precedent to getting something in the mail.  

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