The U.S. Postal Service (USPS) wants to help businesses that mail hemp and CBD vaporizers prepare for a forthcoming rule change that could impact the mailability of their products.
In a notice published in the Federal Register on Monday, the agency discussed how congressional legislation passed last year will generally restrict the ability of companies to utilize its services to mail vapes. But depending on the outcome of rulemaking, there may be exemptions for certain types of devices.
USPS said it’s still in the process of finalizing its rule and deciding whether to extend an exception to certain vaping products including those that contain legal hemp-derived CBD. However, because the mailing restriction will take effect immediately after the regulations are finalized, the agency is providing guidance ahead of time on how to prepare to submit an application for an exemption if it in fact chooses to offer one.
The Postal Service also reiterated in the new notice that mailing marijuana products remains prohibited because, unlike hemp and its derivatives, it is still a federally controlled substance subject to its own statutory restrictions.
While the Federal Register filing doesn’t touch on any regulations for vaporizer devices that are intended for marijuana use but don’t actually contain any controlled substances, industry stakeholders have expressed concerns about language of the congressional law that extends the mailing ban to “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device” (with italicized emphasis added).
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