Travis D. Hayes III, a USPS business program specialist, wrote in a USPS advisory opinion of March 4, 2019, titled the “Acceptance Criteria for Cannabidiol (CBD) Oil and Products Containing CBD” that the Postal Service has received an increasing number of requests to transport CBD oil and products containing CBD in Postal Service networks. The memo states that “[p]ostal employees should be aware that the Agricultural Improvement Act of 2018 was recently signed into law,” and that “[t]his legislation removes industrial hemp from regulation under the Controlled Substances Act.”
The advisory contained guidance criteria and requirements to be followed when mailing industrial hemp through the USPS, which are as follows:
1. A signed self-certification statement, subject to the False Statements Act (18 U.S.C. § 1001), must be included in the shipment. Statements must be printed on the mailer’s own letterhead, must be signed by the mailer, and must include the text “I certify that all information furnished in this letter and supporting documents are accurate, truthful, and complete. I understand that anyone who furnishes false or misleading information or omits information relating to this certification may be subject to criminal and/or civil penalties, including fines and imprisonment.”
2. The industrial hemp producer must possess a license issued by the Department of Agriculture, for the state where the Post Office/acceptance unit is located, which includes documentation identifying the producer by name and showing the mailer is authorized by the registered producer to market products manufactured by that producer.
3. The industrial hemp, or products produced from industrial hemp, contains a delta-9 THC concentration of not more than 0.3% on a dry weight basis.
More formalized criteria are anticipated from the USPS and we will certainly publish those here when they are released.
Please feel free to reach out with any questions.
Last modified: June 10, 2019