Back in 2015, we wrote about the U.S. Postal Service (“USPS”) taking issue with companies placing cannabis ads in the mail. In a written notice dated November 27, 2015, issued by the Portland, Oregon, District Mailing Requirements Office, the USPS explained:
[i]f a mailpiece contains an advertisement for marijuana, that mailpiece is nonmailable” where the federal Controlled Substances Act (“CSA”) makes it unlawful to place an ad in any publication with the purpose of “seeking or offering illegally to receive, buy, or distribute a Schedule I controlled substance. . . If an advertisement advocates the purchase of clinical marijuana through a Medical Marijuana Dispensary, it does not comply with U.S.C. 21 843(c).
Unless you’ve been living under a rock, you know that the CSA, prohibits using federal mail channels to actually engage in drug trafficking. This means that mailing actual cannabis/THC products exceeding 0.3%, or related paraphernalia, was, and remains, a big “non-mailable” no-no.
Then, in 2019, we wrote about the Business Mail Acceptance (“BMA”) internal advisory on “Acceptance Criteria for Cannabidiol (CBD) Oil and Products Containing CBD.” Essentially, due to the passage of the 2014 Farm Bill, the USPS got tons of questions from CBD purveyors about mailing CBD