Products containing hemp-derived CBD (cannabidiol) are regulated at both the state and federal level, and not every product is legal to sell in every state. Additionally, some products may also contain hemp-derived THC (tetrahydrocannabinol), which is more strictly regulated. Before placing an order, retailers should determine whether the product is legal to sell in the state or jurisdiction where they are located, and evaluate any other requirements for retail sales.
Faire permits topical (non-ingestible) products containing hemp-derived CBD (cannabidiol) on a limited basis, within the United States. CBD and hemp product laws differ across the U.S. The listing or availability on Faire of a product containing CBD or other hemp-derived compounds does not mean that the product meets the legal requirements where you are located. Below is a non-exhaustive list of considerations when determining whether to carry products containing CBD or other hemp-derived compounds:
- Rules may differ for ingestible products containing CBD or other hemp-derived compounds, which are more stringent, versus topical application products, which are more lenient. At the moment, Faire permits only topical (non-ingestible) products to be listed on the platform.
- According to federal law, products containing CBD or other hemp-derived compounds may not exceed 0.3% THC by dry weight. However, some states have more stringent or specialized requirements. For example, Alaska and Idaho both require there to be no detectable amounts of THC, even in topical (non-ingestible) CBD products. Review the laws wherever you operate to ensure you do not purchase products that cannot be sold at retail.
- Brands should provide laboratory reports called COAs (certificates of analysis) upon request, which identify the relative amounts of hemp-derived compounds in their products.
- Some states may require special registration or licenses from brands, as well as registrations or licenses by retailers in order to sell products containing CBD or other hemp-derived compounds. You should conduct your own research to determine if these rules apply to you. States that have such requirements may include but are not necessarily limited to Alaska, California, Colorado, Connecticut, Georgia, Iowa, Kentucky, Louisiana, Minnesota, New Mexico, New York, Rhode Island, Texas, and West Virginia.
- Hemp-derived products should be marketed to adults only. Additionally, age 18+ or 21+ restrictions may apply in your state for retail sales.
- CBD or hemp-derived products should not be labelled or marketed as dietary supplements or nutritional supplements and should not claim to diagnose, treat, or prevent any disease or medical condition, or provide any other therapeutic, medical, or medicinal benefit.
- Hemp-derived products are not returnable to Faire. (They may be returnable to the Brand in some circumstances.)
- Ship with Faire may not be available for products containing CBD or hemp-derived compounds.
- Section 8.a. of the Faire Wholesale, Inc. Brand Terms of Service (“Flash Title”) does not apply to any transaction involving products containing CBD or hemp-derived compounds. Instead, title for the product passes directly from the Brand to the Retailer.