Since Shopify allowed the sales of CBD products on its platform, many merchants across the country are capitalizing on this opportunity to market their products on one of the world’s biggest online retail sites.
For individuals interested in selling CBD online, apart from knowing the right way to start a new business, there are other things to consider when engaging in this venture. Selling CBD products on Shopify implies that you agree with certain laws in your area.
Some of those laws include those indicating which states in the U.S. are okay for the sales of CBD products on Shopify. According to the platform’s terms and conditions, merchants are only to sell select hemp or hemp-derived CBD products in states where their sales are permitted.
Here are some states where the sales of CBD products are allowed. However, since laws governing each state on the sales of CBD products are subject to changes, you must always consult with your attorney to understand the legal implications that come with selling hemp-based products online.
1. Alabama
The governor of Alabama, Robert Bentley signed SB 174, known as “Carly’s Law,” in 2014. This made provisions for affirmative defense against prosecution for individuals in possession of CBD provided there is proof that such individuals are suffering from debilitating epileptic conditions.
Since marijuana is illegal under federal laws, prescriptions for it cannot be given by doctors. However, doctors in states that have legalized medical marijuana are allowed to recommend it. The HB 61 law was also signed by Governor Bentley on May 4, 2016.
This law made provisions for an affirmative defense for the possession of CBD oil in a situation where special debilitating conditions that produce seizures are verified.
2. Georgia
The HB 1 law was signed by the governor of Georgia, Nathan Deal, on April 16, 2015. This law allowed the use of cannabis oil that contains no more than 5% THC. The law did not address such issues as how the low THC content oil is to be made, shipped or purchased. The law only created procedures that ensured that qualified individuals are not persecuted for the possession of CBD.
3. Indiana
On the 27th of April 2017, Governor Eric Holcomb signed Bill HB 1148 into law, allowing individuals to use CBD products with a CBD content of at least 5% and a no more than 0.3% THC content for epilepsy.
Furthermore, on March 21, 2018, Gov. Holcomb also signed SB 52 into law. This allowed the distribution and retail sale of low THC hemp extract. This law applies when the product meets the definition of industrial hemp, is derived from Cannabis sativa L, and contains no controlled substances.
4. Kansas
Governor Jeff Coyler signed SB 282 into law on May 14, 2018. This law made provisions for the sale and use of CBD products that contain no THC. Again, on May 20, 2019, Governor Laura Kelly signed HB 2244 (“Claire and Lola’s Law”) into law, which allowed for the use of CBD containing THC of no more than 5% for the treatment of debilitating medical conditions.
These are not the only states that allow the sale of CBD. However, due to the evolving nature of laws surrounding hemp and CBD, merchants interested in knowing how to sell CBD online should consult their attorney before starting a new business.
