The Nov '19 FDA warning letters spammed all issues to every company using boiler plate language - specifically, don’t make claims, can’t claim GRAS, can’t be supplement, can’t be added to food.
At the time most shrugged the letters off as a shot over the bow, by a toothless FDA that wouldn’t enforce. However, recognizing now that guys who got letters subsequently shut down web sales… I’d say its serious AF.
Them country boys in Bama and KY grow some out of control cannabis.
no way
Nebraska is g2g now they just passed a State Hemp Plan
I pulled this doc from the United States Pharmacopeia… hope it helps!
Also, Idaho is not ok with hemp.
Blue Sky got screwed out of a truck load because the state used the younger abstention doctrine to process charges at state level, instead of federal… which allowed them to prosecute under state law, which said hemp was illegal (at the time). Now, you need to have a permit to transit your hemp through Idaho, or possibly risk the same.
the most current guidance from FDA is here: In short, you cannot sell CBD across state lines or you fall under fda and fda prohibits every form of CBD:
Below are a number of frequently asked questions and answers on this topic.
great resources! I have more reading to do now. thanks!
“A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355],”
It says not to transport CBD or THC across state line “in food”. Where does it say anything about CBD interstate sales being illegal??
I think you answered your own question 
what are you selling CBD as? its either a supplement (prohibited) or in food (prohibited) or something else under “generally recognized as safe” (prohibited)
It says it is illegal to transport food with CBD in it across state lines. The fact that it states “in food” implies it is legal to transport not in food.
If it was just flat out illegal to transport across state lines why would it even mention food.
nothing prohibits you from selling as cbd with no intended use
So smokable CBD and its derivatives… Ok?
But the post office will gladly ship it?
I can legally ship non USDA certified meat, but definitely can’t sell it
You can sell 1000s of fake dick enlargement supplements, but not something that actually helps people. Murica!
interesting idea, I guess get that labeling correct with disclaimers etc? I assume that means a disclaimer “not intended for human or animal consumption” I’ve never thought about that angle 
So, could someone theoretically sell D8 and D10 (derived from hemp) if ‘not intended for human consumption’? Not trying to skirt the law, just curious and wondering who else has considered these questions… thanks!
Shipping is not the problem, USPS has a policy in place allowing shipping (requires coas etc in packaging as I recall). The problem is selling to someone in another state - crossing state lines makes the sale subject to FDA. Or, selling into a state where purchase/sale violates state law
you read one of the regs, read the others. you got the spoon, use it
they define every other form. supplement, animal use, etc etc…
you’re right about USPS - here’s the policy memo for anyone shipping via USPS.
also, strongly advise against FedEx, they can seize everything and return you nothing… it’s sad but true. and what about that law for the interstate commerce of hemp? federal law would not supersede state law for transit? thanks for your guidance, btw!
