Age Verification Gate Integrated Into the Website
An age gate is an electronic protection measure to restrict access to persons under the legal age of 21.
Age verification systems demonstrate to the government that a company took steps to prevent minors from accessing their products.
Many states require CBD, hemp and cannabis sellers to have an age-gate if selling online.
View the official FDA website and requirement on page 6. *Click here.
Removal of Prohibit & Unsubstantiated Medical Claims Or Health Benefit Statements
The merchant's website must not contain any unsubstantiated medical statements alleging that CBD is an effective treatment against any disease, ailment, or poor health condition.
As part of the underwriting process we inspect website content for unsubstantiated medical claims. If prohibited content is discovered it will be removed or changed to ensure compliance with Federal Trade Commission (FTC) mandates and bank underwriting guidelines.
Links to clinical students, academic research, are acceptable.
Published Laboratory Certificates of Analysis (COAs)
Independent laboratory issued Certificates of Analysis for each batch of CBD, Delta-8/9, or kratom product sold must be published on the website.
KJ Proweb will accomplish this task by producing a searchable COA database with an accompanying menu in the footer area of the website.
The merchant is responsible for providing KJ Proweb with legible copies of COAs in the form of .PDF files.
Suggested Use Statement vs Recommended Dosage
Delta-8/9 and hemp-derived CBD are not by legal definition, "dietary supplements" and are not classified as such.
Merchant Services Providers and their sponsoring bank require that medical terminology be removed and replaced when giving consumers instructions on how to use the products.
The term, "recommended dosage' must be removed and replaced alternative verbiage.
KJ Proweb will replace medical terminal with bank approved verbiage. For example; "This product is non-toxic, contains no psychoactive substances, does not cause a euphoric high due to the low THC content, and is safe for humans or pets if ingested."
DELTA-8 is Illegal in 14 US States (June 2022)
Delta-8 is currently legal in 31 states: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, Wyoming, and in Washington D.C.
In two other states, delta-8 is regulated the same way as recreational cannabis: Connecticut and Michigan.
Meanwhile, delta-8’s legality is unclear in 4 states: Arizona, California, Minnesota, and Mississippi.
DELTA-8 is LEGAL in 31 US States (June 2022)
Delta-8 is currently legal in 31 states: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, West Virginia, Wisconsin, Wyoming, and in Washington D.C.
In Connecticut and Michigan Delta-8 falls under the same legal guidelines as recreational cannabis.
In the following states the laws are unclear and pending change: Arizona, Alabama, California, Mississippi, Illinois, Oklahoma and Oregon.
Policy Statements Must Be Published
Prior to applying for a merchant account and credit card processing, the following pages must be published to your website;
- Refunds & Returns Policy
- Shipping & Delivery Policy
- FDA Disclaimer Statement
Prohibited Sale & Shipment to Certain States
KJ Proweb will ensure that your shopping cart restricts the sales of any Delta-8/9 or CBD edibles from being sold or shipped to states where prohibited by law. Our web development team handles website compliance issues in this regard.
Four states have banned the sale of hemp/CBD products in any form: Idaho, Iowa, Nebraska, and North Dakota. *Subject to change.
Additionally, certain states have banned the sale of CBD edibles whereby CBD gummies and other edibles cannot be shipped to the states of Maine, New York, North Carolina, and Ohio. Your website shopping cart must prevent consumers in those states from ordering product.