Additionally, it is important that you know your responsibilities. Like all Shopify merchants, it’s your responsibility to follow federal, state, and local laws and the respective policies of Shopify, our app and partner ecosystem, and any third-party providers. If you have additional questions, then contact the third-party providers directly, or consult with an attorney.
After you’ve determined where you can sell your products, you can ensure that only customers from certain states can receive your products by editing your shipping zones.
Can I sell hemp and/or hemp-derived products if my business is located outside of the United States?
For example, in the attestation merchants must confirm that none of their hemp or hemp-derived products are marketed as having any medicinal or therapeutic benefit, unless such claims have been approved by the FDA. Merchants are responsible for ensuring that their store remains compliant with all requirements of the attestation.
Merchants can sell hemp and/or hemp-derived CBD and other products on the same store if the payment gateway allows for the sale of hemp and/or hemp-derived CBD products.
This list may not be exhaustive, and may change over time.
In November of 2019, the Food and Drug Administration announced that it is “working to answer questions about the science, safety, and quality of products containing cannabis and cannabis-derived compounds, particularly CBD.” That announcement raised several red flags stating that “it is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.” FDA also officially warned 22 CBD E-Commerce merchants about their practices. “An unapproved new drug cannot be distributed or sold in interstate commerce” it stated. No other actions were taken against those merchants, as far as we know.
Feel free to learn more about Spree as a CBD E-Commerce platform mitigating limitations and uncertainty. Here’s a success story of a wellness startup Feals disrupting direct-to-consumer CBD market with a Spree Commerce based store.
FDA says “no” to edible CBD sales (across state lines)
That means you probably won’t be able to easily sell edible CBD products on Shopify or any other SaaS E-Commerce platform. These platforms tend to be very conservative and risk-averse as required by their backers. Shopify announced in September of 2019 that it allows “selling select hemp or hemp-derived CBD products”. Shopify isn’t known to be individually vetting CBD stores but it may “investigate material reported to us on our platform and take action, where warranted, for violations of the AUP“. This is the form for reporting Shopify’s Acceptable Use Policy violations.
Some of these CBD online businesses turned to Spree Commerce as their CBD E-Commerce platform of choice. Spree integrates well with well-known payment processors such as Authorize.net or NMI which accept CBD payments.
Some CBD merchants have confessed to having invested a lot of effort in a custom Shopify UX only to be denied payment processing services. Some others complained about the risk of having their account blocked.