US Postal Service enacts cannabis vape product restrictions

Just Released! Get realistic market forecasts, state-by-state insights and benchmarks with the new 2024 MJBiz Factbook member program, now with quarterly updates. Make informed decisions.

The U.S. Postal Service on Thursday issued a final rule that bans sending marijuana and hemp vape products in the mail, subject to certain exceptions.

The ban was ordered by Congress last year in a law directed mostly at nicotine products.

But the final rule, published Thursday in the Federal Register, covers marijuana and hemp vapes, too, even those made from legal hemp.

High-THC vapes remain illegal to mail in any amount.

Cannabinoid vape manufacturers across the THC spectrum have been watching to see how the Postal Service regulates vape commerce.

The impacts can be substantial.

U.S. consumers ordered $44 million in CBD vape cartridges online in 2020, according to Nielsen IQ, a market analytics firm. Almost all were delivered by mail.

The new rule includes exceptions for consumer testing, public health and non-commercial uses. Adults, for example, can make up to 10 noncommercial shipments in a 30-day period.

Hemp and CBD products not in the form of electronic delivery systems may be mailed as long as they contain less than 0.3% of THC.

It’s unclear to what extent enforcement will occur.

But the rule states that banned products that are mailed will be subject to seizure and that the senders will be subject to criminal fines, imprisonment and civil penalties.