Final Rules for Mailing Hemp, CBD And Marijuana Vapes

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The Postal Service revises its regulations in Publication 52, Hazardous, Restricted, and Perishable Mail, to incorporate new statutory restrictions on the mailing of electronic nicotine delivery systems. Like cigarettes and smokeless tobacco, such items are generally nonmailable.

This rule is effective October 21, 2021.

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The U.S. Postal Service released its final rule regarding the mailing of vapes, asserting that even if the devices are made for federally legal hemp products like CBD largely cannot be shipped via the U.S. mail.

The U.S. Postal Service has been progressing and preparing the regulations to obey the House and Senate who passed a bill last year that included a provision to restrict how electronic cigarettes can be sold online and shipped which will most likely affect marijuana too. There are certain exceptions in the regulation, but many investors are disappointed.

The USPS justified in the rule, that by the letter of the law, that includes hemp and marijuana vapes. “It goes without saying that marijuana, hemp, and their derivatives are substances,” the agency said. “Hence, to the extent that they may be delivered to an inhaling user through an aerosolized solution, they and the related delivery systems, parts, components, liquids, and accessories clearly fall within the POSECCA (Preventing Online Sales of E-Cigarettes to Children Act ) scope.”

Others argue that the USPS should not levy the restriction on cannabis because the ban might conflict with state marijuana laws or because Congress has supported legislation that prohibits the use of Justice Department funds for interfering in medical cannabis programs where it is legal.

The USPS stated

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