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State Law, Visa & MasterCard Requirements, FDA, Federal Trade Commission & DEA Policy

Updated: September 10, 2021 

Prior to launching an e-commerce store with the intent to sell CBD products, Delta-8/9 or Kratom, it’s important to remain aware of state laws and federal guidelines. 

Unsubstantiated Health Claims are Strictly Prohibited.

The Federal Trade Commission (FTC) strictly prohibits CBD sellers from publishing unsupported or unsubstantiated health benefit statements in their advertising and marketing. In other words, the seller is not allowed to publish any statements suggesting that CBD may be effective at treating serious health conditions, including cancer, heart disease, hypertension, Alzheimer’s disease, and others.”

 

delta8 market
CBDHE Products

States Where CBD Edibles are Banned.

This restriction includes; gummies, candies, and all CBD-infused chewable foods.

*Updated September 2021:

  • Maine
  • New York
  • North Carolina
  • Ohio

An online seller should include a clearly visible statement on the shopping cart page OR checkout page drop-down selection menu informing the buyer that the sale of CBD Edibles is should restrict the sale and shipment of that product is restricted in their state.

The same disclosure statement can be placed on the website footer page.

Currently, Delta-8 THC is Banned or Restricted in 18 US States.

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Connecticut 
  • Delaware
  • Kentucky
  • Idaho
  • Iowa
  • Michigan
  • Mississippi
  • Montana
  • New York
  • North Dakota
  • Rhode Island
  • Utah
  • Vermont
  • …and Washington.

Kratom is Prohibited by Visa and MasterCard. 

Visa and MasterCard will not support transactions involving the sale of kratom. For that reason, will not offer merchant accounts to kratom sellers.

If a traditional payment processor discovers a merchant violating Visa and MasterCard policy, that merchant account will be terminated the merchant will be placed on the ‘Match List’.

Source; https://www.legitscript.com/?p=9076

Kratom is banned in several US states or considered “illegal” in others. These states include; Rhode Island, Arkansas, Vermont, Indiana, Tennessee, and Wisconsin.

Furthermore, there are municipalities within states that have banned the sale or distribution of kratom; Sarasota Florida, a couple of municipalities in Colorado, San Diego California, several counties and cities in Mississippi, Franklin New Hampshire, and Jerseyville Illinois.

  • Canada has banned the sale of Kratom for human consumption, but Kratom is not illegal in Canada. When sold in Canada, Kratom is labeled as not for human consumption.
  • Kratom is listed as a Drug of Concern by the Drug Enforcement Administration and has been identified by the FDA as having deadly risks.

 

Learn more about this substance by getting our free Kratom FAQ Guide. Again, these legal facts must be understood.

Other Legal Restrictions and Prohibitions

Updated: September 2021.

U.S. States Where CBD Is Still Illegal (regardless of the 2018 US Farm Bill)

  • Idaho
  • Iowa
  • Nebraska
  • North Dakota.
  • Kansas –  No products intended for human consumption. This includes; CBD vape cartridges, hemp flower, hemp pre-rolls, CBD-infused teas, etc.

 

Extremely restrictive state law. For industrial uses only.

      • Washington D.C.: the District of Columbia classifies all extracts from cannabis as hashish, a term which was not included in the legalization initiatives. This means CBD possession could be charged as possession of hashish, which would have serious consequences, including significant jail time.

*Source: Buscher Law Firm. Experts in cannabis, hemp and CBD.  https://is.gd/tZlOSx

  • Indiana Prohibited: Smokable CBD flower.
  • Kentucky Prohibited: Hemp cigarettes; hemp cigars; chew, dip, smokeless material consisting of hemp leaf material or hemp floral material; and hemp leaf material or floral material teas.
  • New Hampshire: Guideline issued by the New Hampshire Liquor Commission in 2018 and revised in June 2019 states that Hemp-CBD may not be added to foods or alcohol products in New Hampshire.
  • Texas: The sale and marketing of Hemp CBD foods and cosmetics is allowed so long as these products meet specific testing and labeling requirements. However, the definition of “consumable hemp product” does not include smokable products. HB 1325 expressly prohibits the processing and manufacture of products “containing hemp for smoking.” “Smoking” is defined as “burning or igniting a substance and inhaling the smoke or heating a substance and inhaling the resulting vapor or aerosol.”
  • Vermont: CBD cannot be combined with meat or dairy; maple syrup has its own rules.

Website Compliance Checklist

  • Cannot sell or ship to states where CBD is banned/illegal
  • Cannot sell or ship CBD-infused foods or beverages, including gummies, to states that have banned CBD edibles
  • Cannot label or market a product as a dietary supplement
  • Cannot use the following terms in describing a product: “prevent”, “diagnose”, “mitigate”, “treat”, or “cure”
  • Testimonials may not use the terms above
  • Customer Service Contact must be clearly displayed
  • Refund Policy must be clearly displayed
  • Customer must opt-in for recurring / subscription orders; opt-out is not ok
  • Privacy Policy must be clearly displayed.