New rules from the United States Postal Service (USPS) restrict the delivery of e-cigarettes, including CBD, delta-8 THC, and other hemp-derived vape products. Private shipping companies like FedEx have also followed suit with similar rules.
But it’s not a complete ban since adults aged 21+ who provide their signature and ID (for an added fee) can still receive vape products in the mail.
Here’s everything you need to know about the PACT Act vape shipping restrictions and how they affect the CBD, delta-8, and hemp cannabinoid markets.
Table of Contents
- What is the USPS Vape Shipping Ban?
- The PACT & Preventing Online Sales of E-Cigarettes to Children Acts
- What About FedEx, DHL, UPS, and Other Shipping Companies?
- How Does the Vape Shipping Ban Affect CBD & Hemp Vape Products?
- Does The Vape Shipping Ban Include Delta-8-THC?
- Vape Shipping Ban USPS Exceptions
- What Can You Do About The Ban on Hemp Vapes?
What is the USPS Vape Shipping Ban?
The USPS vape shipping ban is a new set of rules that restricts the shipping of any “electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device”.
This new definition includes nicotine, cannabis, and hemp vapes. That means you can no longer get CBD, delta-8, delta-10, or any other hemp-derived vape cartridge, pen, e-liquid, component, or accessory product in the mail.
But these rules are mostly targeted at minors and it’s still possible to receive vape products when you provide a signature and ID verifying that you’re 21 or older.
The new rules have been in effect since October 21, 2021. Other shipping companies like, FedEx, DHL, and UPS have adopted similar policies. How did we get here? Here’s a look at the key legislation.
The PACT & Preventing Online Sales of E-Cigarettes to Children Acts
The Appropriations Act was signed into law by Congress on December 27, 2020. This act encompasses many different sectors, with two focusing on the online sale of electronic vape products.
The act made changes to Prevent All Cigarette Trafficking (PACT) Act. The PACT Act was originally passed in 2009 to prevent the sale of tobacco products to minors.
The Appropriations Act created a new amendment to the PACT Act titled the “Preventing Online Sales of E-Cigarettes to Children Act”.
This amendment changes the PACT Act’s definition of cigarettes to include Electronic Nicotine Delivery Systems (ENDS), more commonly known as e-cigarettes or vaporizers. This includes both nicotine and non-nicotine vape products, including CBD and hemp.
The amendment also creates labeling, registration, reporting, and other restrictions and requirements on the sale of vape products. It took effect on October 21, 2021.
Taken together, the rules prohibit the USPS from delivering any vape product to consumers, whether it be a pen, cartridge, e-liquid, or any other vaping component or accessory. The only exception is that adults aged 21 or older can receive products when they provide their signature and photo ID, at extra cost.
What About FedEx, DHL, UPS, and Other Shipping Companies?
Since the USPS issued the new vape mail ban guidelines, other shipping companies, including FedEx, the United Parcel Service (UPS), and DHL, have followed in its footsteps.
Even though there has been pushback from companies selling cartridges and vaporizers, all of the major U.S. shipping companies are no longer allowing it. This makes it difficult to ship CBD, hemp, and other vape products in the United States.
How Does the Vape Shipping Ban Affect CBD & Hemp Vape Products?
The new vape mail ban makes it difficult and more expensive to ship CBD and hemp vape products. Although targeting CBD brands was not the goal of the vape shipping ban, it has made CBD and other hemp vape products much more difficult to access online.
These new shipping rules and regulations are why some CBD brands are no longer selling vape products online. We’ve seen many brands, including leading ones like CBDistillery, gradually discontinue their vape offerings.
Meanwhile, other CBD companies are dealing with the ban by passing on the increased costs to the consumer. For example, Colorado’s Extract Labs added a “PACT Act compliant shipping” $8 charge to any vape product shipment to pay for the USPS adult (21+) signature fee.
Does The Vape Shipping Ban Include Delta-8-THC?
Because the amended definitions are so broad, they include anything being inhaled from an electronic device. That means vape products containing delta-8-THC (D8) and other “novel” cannabinoids like delta-10, HHC, and THC-O are also affected.
Products that contain CBD, D8, and other hemp-derived cannabinoids are popular in states without legal medical or adult-use cannabis programs.
According to a 2021 study of delta 8 users, about half (51%) use delta 8 to treat symptoms and medical conditions, with many substituting it for delta-9 THC and pharmaceutical drugs.
Vape Shipping Ban USPS Exceptions
There are some key exceptions to the new vape mail ban:
- Adults 21+ can receive vape products when they provide a signature and photo ID (at extra cost)
- Vape products can be shipped within the states of Hawaii and Alaska
- Businesses that are verified can ship vapes between each other or to government agencies
- Businesses are allowed to send vape products to consumers for testing or public health purposes
- Individuals can ship up to 10 vape products for non-commercial use within 30 days
What Can You Do About The Ban on Hemp Vapes?
There is not a lot that can be done about the shipping ban on hemp at the moment. As with everything related to hemp, CBD, and other cannabinoids, progress is slow. Change takes time, but there are a few steps you can take to make an impact.
It doesn’t matter if you’re a hemp consumer or a hemp business owner, contacting our local and state representatives is the first step to making our voices heard.
This can be as easy as sending an email detailing your concerns about the shipping ban. Politely let home know how the shipping ban affects you, and why you believe it should change.
Antonio is a cannabis & hemp cultivator and licensed personal trainer. He’s been working in the cannabis industry since 2016 as a grower, educator, and writer. He even founded his own regenerative hemp farm with his wife in Missouri and advises hemp farmers, dispensaries, and other businesses. In his free time, he enjoys running, hiking, binge-watching TV shows, and spending time with his 5 rescue animals.