From State to State: The Intricate Logistics of Shipping Hemp Goods

By Jorge Olson, CMO of Hempacco

Recent years have seen the hemp plant — as well as its seeds, and the oils derived from them — gain greater attention for its numerous health benefits and potential for pain relief. The ability of hemp products to offer the advantages of the plant without any unwanted side effects has made hemp a desirable alternative to medical marijuana.

However, the complex regulatory landscape surrounding hemp and marijuana products has made it difficult for companies producing hemp products to ship them to customers in need. For these companies, stringent attention must be paid throughout all steps of their supply chain to avoid any potential legal ramifications.

Understanding the Legality of Hemp Products

Marijuana and its derivatives — which include THC products — cannot be transported across state lines since marijuana is still illegal on a federal level, despite being legalized in several states. Since interstate commerce falls under federal jurisdiction, transporting cannabis and products derived from it across state lines could result in federal prosecution. Additionally, cannabis products are managed and taxed by state authorities where they are legal, meaning products are under different regulations and tax obligations in different states.

On the other hand, hemp products are expressly allowed to be transported through interstate commerce thanks to provisions in the 2018 Farm Bill. However, the regulatory uncertainty around the cultivation of hemp has led to some difficulties in actually exercising this right to transport these products across state lines. Some jurisdictions may have tighter rules — such as disallowing any substance with any THC content whatsoever — which create obstacles despite federal permittance for hemp and hemp-derived products.

To understand why there are so many discrepancies in transportation regulations regarding marijuana and hemp, it is essential to understand the differences between these plants. While confusion is reasonable, considering that both marijuana and hemp are born from the same species of plant — Cannabis sativa — hemp refers to the parts of the plant that contain less than 0.3% THC by weight. THC is the mind-altering substance contained in marijuana, meaning hemp does not create the same “high” effect as its cousin. Therefore, restrictions on hemp tend to be much more lenient than those on marijuana.

Overcoming Obstacles to the Legal Shipping of Hemp Products

Nevertheless, there are significant roadblocks that still hinder the widespread acceptance of hemp — largely due to misunderstanding of the plant. For example, shippers or inspectors might seize packages of hemp products in transit because they “smell like weed.” Ultimately, there is no difference in the smell of the illegal marijuana and legal hemp being transported. Thus, it is important for those in the hemp business to be prepared to face these challenges, and know how to face them.

One way to overcome these challenges is to ensure that all proper documentation is in order. If you are shipping in truckloads on pallets, make sure the driver has a certificate of analysis proving that the contents of the shipment are indeed hemp and not marijuana. This could be as simple as a letter from your lawyer with their legal perspective, explaining how the transportation of these goods is permitted under the 2018 Farm Bill. These documents should be enough to inform any questioning body of the legality of your shipment.

If you are shipping in smaller batches, it is advisable to use the United States Postal Service. As a federal agency, the USPS is not allowed to say no, as it is federally legal to ship and transport hemp. Other shipping companies, such as FedEx and UPS, can reject shipments indiscriminately since they are private businesses. While you may still encounter a postmaster who is uninformed about the difference between hemp and marijuana, and why it is legal to ship hemp products, producing the proper documentation should be sufficient for them to allow your shipment to proceed.

To avoid these obstacles to the shipping of products, producers of hemp and hemp-derived products must ensure that their products are rigorously tested to meet the highest standards. Independent, third-party testing and certification from a reputable organization, such as the NSF, can be the factor that allows your company to prove the validity and legality of your product and shipments.

The thread that connects all these obstacles is misunderstanding. If those in the hemp business want to create a system where they can ship their products more efficiently and reliably, it is vital to continue educating the public on the difference between hemp and marijuana, and how they are bound by separate laws and regulations. As a result, people in need of the relief that hemp products can provide will be able to receive the help they need comfortably, safely, and reliably.

About the Author

Jorge Olson is the co-founder and CMO of two publicly traded companies, Hempacco (HPCO) and Green Globe International. Learn more at https://hempacco.com/.