Posted on

can i export my cbd isolate to other cxountuires

If you plan on shipping CBD oil internationally, we also suggest doing the proper research for each country you’re shipping to, and meeting that country’s individual standards. Restrictions and allowances vary depending on country to country, and the rules around importing CBD in many foreign countries are still changing. It’s a bit of a pain…but it’s best to do it the right way.

The short answer here is that you can ship CBD oil internationally. However, you’ll need to make sure it contains less than 0.2% THC content. You’ll notice that this is 0.1% less than the domestic guideline of 0.3% THC content, since international shipping rules are more restrictive.

With the passing of the Farm Bill in 2018 and recent confirmations that hemp is legal to ship with USPS, shipping hemp-derived CBD oil has become all the rage. Sellers are looking to expand globally, which has people asking if it’s legal to ship hemp-derived CBD oil internationally. Here’s what you need to know.

Ship Your Hemp-Derived CBD Oil Internationally with USPS

USPS is the carrier you’ll want to use for shipping hemp-derived CBD oil internationally. As of 2019, USPS, UPS, and FedEx will all allow for shippers to ship CBD with them. However, CBD oil is a very lightweight item, so you’ll get the best price shipping it with USPS anyway!

It goes without saying, but some countries may outlaw CBD oil and all cannabis products altogether. Therefore, we suggest checking USPS’ individual country listings and seeing if the country you’re shipping to prohibits or restricts cannabis products before sending your CBD oil out.

The first step in determining whether a particular export is permissible under US export controls laws is determining whether the product is described in an export control classification number (“ECCN”) set out in the Commerce Control List (“CCL”) in Part 774 of the Export Administration Regulations (“EAR”). The EAR are enforced by the Bureau of Industry and Security (“BIS”) in the US Commerce Department. The ECCN can be determined in one of several ways, including by self-classifying the product based on a review of the CCL, or by asking BIS for a formal commodity classification ruling referred to as a “CCATS”. Products that are not described on the CCL are assigned a catch-all classification of EAR99, which means they generally do not require a BIS license for export to most destinations. It seems unlikely to us that a hemp or CBD product would be described on the CCL. However, reaching an ECCN determination requires a detailed understanding of a product’s technical parameters, so this review should be conducted by knowledgeable trade compliance counsel with input from product experts at the company.

Exports from the United States to embargoed territories (Crimea, Cuba, Iran, North Korea, Syria) are prohibited without licenses from BIS and/or the Office of Foreign Assets Control (“OFAC”) in the US Treasury Department. (While OFAC is the primary sanctions enforcement agency, BIS and OFAC have overlapping jurisdiction in some cases, so it is always important to consider both agencies’ licensing requirements.) There are narrow licensing programs for products that qualify as agricultural commodities, medicines, and medical devices, with eligibility requirements and licensing policies that vary depending on the sanctions program. We recommend working with knowledgeable trade compliance counsel to determine whether the products might be eligible for these licenses. If so, companies should develop procedures to ensure compliance with the terms and conditions of the relevant licenses. Companies should always watch out for red flags that a customer might divert products to a sanctioned territory without the required licenses.

Notwithstanding the legality of these products, there continue to be reports of seizures of legal CBD products imported into the United States. This may be due to the difficulty of distinguishing legal (i.e., hemp-derived) CBD from illegal (i.e., marijuana-derived) CBD without extensive laboratory analysis, and/or it could be due to confusion on the part of CBP officials about what is permitted. For example, in a lawsuit filed in US District Court for the Central District of California, a US-based CBD company alleged that CBP had illegally seized four shipments of Spanish-origin hemp between 2015 and 2018. Three of the shipments are alleged to have been destroyed in part because CBP improperly determined the imports contained controlled substances, notwithstanding documentation from the Spanish growers that the hemp had less than 0.3% THC, making it legal under federal law. The lawsuit has since been settled.

If the products otherwise comply with US law, there is nothing under US customs laws that would prohibit importing them into the United States. In particular, CBP has confirmed publicly that hemp seeds can be imported into the United States. As with any other types of products, anything imported into the United States must be “classified” in the Harmonized Tariff Schedule of the United States (“HTSUS”). Based on the HTSUS code, and the customs value and the country of origin of the good, the appropriate duties, if any, need to be paid. Importers can self-classify the products or submit an administrative ruling request to CBP prior to importation.

What should you know about US customs laws?

You’ve got to make a decision here — is it worth losing a lot of money in legal fees to take this to court? If your shipment is not worth much money, let’s say £3000, then you have to say to yourself, is this worth the stress, hassle and money to take this to court? The answer is probably no unless you and a legal team are sure you will win the case and receive compensation for your troubles. If your shipment is worth over £10,000, then you want to take this to court, as losing this amount of money could be catastrophic for your business.

The Border Force is strict, and they don’t use the most sophisticated tests. Upon asking for the results of these tests for THC, they will not disclose this to you, which is extremely frustrating and makes you wonder if they are even testing shipments. So here you have two problems — 1) the test Border Force are using may wrongly show higher levels of THC, meaning it seizes your shipment 2) If your test for shipment is positive for THC, they won’t show you the tests, meaning it is challenging to prove they are wrong.

The exemption is set up in regulation two of the misuse of drugs regulations 2001, and there’s a huge dispute here in the UK as to whether or not this exemption can be used for CBD products. The home office has made some suggestions that this exception can only be used for Medicinal Products or pharmaceutical products. You should remember that all of this is untested — there’s no case law, there’s no case precedent and there are no Supreme Court judgments on whether this can be applied or not. This means you should always invoke the exemption and make it clear that you are using it.

There are over 100 cannabinoids known to scientists today, and some of these are prohibited for use and therefore a controlled substance. For these substances, you need a license which is very difficult to get — most, if not all, entities that obtain this license have permission for scientific medical research, i.e. Big Pharma. The main cannabinoids which have been restricted are THC, CBN and THC V. Still, the Home Office also considers THC A and THC M — which are currently permitted to be imported into the country — to be unstable, as both can be decarboxylated into THC easily. So, with all the cannabinoids just mentioned, you must have an accurate Certificate of Analysis to know the precise levels of these compounds in your finished product to ensure you are not breaching regulations.

The problem that many businesses have, is they don’t apply for exemption before their import arrives — they wait for the shipment to be seized and then they will call a lawyer to try and sort out the mess. At this point it’s too late — you must apply for this exemption before importing the goods to the UK. You also must provide clarity on your labelling and packaging to make sure that it matches your exemption, and it is clear for the Border Force.