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Is It Legal to Buy CBD Flower Online?

Published May 30, 2021
Is It Legal to Buy CBD Flower Online? - Secret Nature

This is an era in which it’s possible to take a Bitcoin wallet, access the dark web, and buy pretty much any illegal thing mankind has devised. Is CBD flower legit, or is it the dark web escaped into normie-land?

It’s the first one — don’t worry. United States federal law is now very clear regarding what is illegal “marijuana” and what is legal hemp. Things are a little bit complicated, however, so sit back as Shared Secrets explains.

Why would CBD flower be illegal?

Well, have you ever heard of cannabis prohibition? It’s still dragging it’s hideous feet toward that ever-moving finish line of drug war victory.

The days of cannabis prohibition were marked over, however, the moment CBD erupted onto the face of the internet. CBD flower is the final death knell of cannabis prohibition legitimacy, and delta 8 flower and vapes establish hemp brands in a position of dominant influence.

There are plenty of parts of the country, however, where you could get arrested or even face state prison time for possessing what the government defines as “marijuana.”

You’re right to be cautious, but you’d be wrong to outright fear buying CBD flower online. You’ll see why.

Is CBD flower legal in the USA?

Yes, as long as it contains less than 0.3% ∆9 tetrahydrocannabinol (delta 9 THC) on a dry weight basis, CBD flower is considered to be industrial hemp under the 2018 Farm Bill. Hemp flower containing high concentrations of other cannabinoids but not ∆9 THC is not considered to be “marijuana” by the DEA, and CBD products await comprehensive regulation by the FDA (delayed by COVID).

Is CBD flower legal in my state?

That depends. Certain states have banned certain types of CBD products, and CBD flower may be viewed negatively by your state government. Ultimately, this issue falls under the perennial conflict of state vs. federal rights, making it difficult for state governments to take hardline conservative stances on CBD products.

Is CBD flower legal where I live?

Beyond the federal government and your state, your county and municipal governments might also have something to say about CBD flower. These authorities generally have the least actual power, but they can still make your life difficult.

Is CBD flower legal to buy online?

Now we come to the central question — is there anything particularly illegal about buying CBD online? The answer is no.

You’ve seen CBD flower at head shops, gas stations, and maybe even at your local co-op. You know that people sell hemp that contains high concentrations of CBD — you just aren’t sure about the rules when it comes to selling CBD flower online.

The truth is there’s nothing inherently different between selling CBD flower online or selling it in-store. In fact, selling products across state lines is afforded special protections under the constitution. These protections might not apply specifically to CBD, but it helps you appreciate the legitimacy of eCommerce on the whole.

Is it legal to ship CBD flower through the mail?

From a legal perspective, there’s nothing particularly different about shipping CBD flower through the mail compared to buying it in-person. Particularities of the US constitution and local regulations might apply, but the same rules are generally followed for both types of hemp flower transactions.

Just remember two important things — the CBD your hemp contains must be naturally derived, and the hemp it’s contained in must contain less than 0.3% THC on a dry weight basis. Once those bases are covered, CBD flower is essentially the same from a regulatory perspective whether you buy it at the shop down the street or online.

Could I be arrested for buying CBD flower online?

It’s very unlikely. Most people who are arrested in relation to CBD flower are found possessing it in their cars or in their pockets. They aren’t nabbed when their buds arrive at their home addresses.

There are a few simple reasons for this:

  • An absolutely enormous volume of seriously illicit drugs are shipped via USPS every day. The federal government has bigger fish to fry than CBD flower.
  • No matter how paranoid you might be, people really don’t rifle through your mail on a regular basis.
  • Hemp flower is usually only ever a problem when cops mistake it for weed. Reputable CBD flower companies provide disclaimer sheets heading this issue off at the pass.

The likelihood that you’ll get arrested for possessing CBD flower at all is amazingly slim, and in almost every case, you’ll be able to successfully maintain your innocence in court.

To be honest, you’re probably better off buying CBD flower online than in-person. Getting pulled over — even for nothing — is a relatively common occurrence. Overworked and underpaid USPS employees getting over-excited by an under-sealed hemp flower package is a far less reasonable worry.

What about hemp with other cannabinoids?

Right now, it’s possible to get hemp flower that’s high in the following cannabinoids:

  • CBD
  • CBG
  • Delta 8 THC

In appearance and aroma, these variants of hemp flower are identical to CBD buds. None of them contain more than 0.3% delta 9 THC — or at least they shouldn’t.

What matters is that they contain less than the federal ∆9 THC threshold for defining Cannabis sativa as marijuana. As we’re seeing in Colorado and other states, modified and added cannabinoids might be a separate issue, but natural cannabinoids (other than delta 9) will remain protected under the 2018 Farm Bill.

Tips for buying CBD flower safely

Let’s wrap up with a few quick tips you can use to make extra sure your online CBD flower purchases are safe:

  1. Buy from trusted sellers

Just because we’re talking about hemp flower here doesn’t mean the normal rules don’t apply. As with anything else you buy online, the best, most-established hemp brands will take the best safeguards to ensure their products are compliant.

  1. Insist on discreet packaging

If your hemp flower manufacturer doesn’t keep their packaging fully discreet, there’s something wrong. CBD buds should arrive in unassuming, normal envelopes to avoid giving anyone the wrong idea.

  1. Ask for disclaimer notes

It’s easy to tell law enforcement that the hemp buds in your package aren’t weed — a simple written note will do the trick. Reputable hemp flower eCommerce retailers include this info on slips of paper inside packages (just in case).

  1. Use hemp flower sensibly

Leave the rasta wig at home. Resist the urge to roll your hemp into a fat doobie and light it in front of a cop. Don’t end all of your sentences with “Jah.” Just act casual, and nobody will notice or care about that sticky-sweet smell softly emanating from your cracked window.

  1. Help others find the way

If you’ve found an excellent method for scoring high-quality hemp flower time and time again, don’t be afraid to share your discovery with the world. Product reviews and social media are great places to post your CBD flower story and connect with other people whose lives have been changed by hemp.

Don’t forget to explore new horizons

CBD flower isn’t the only type of hemp you can buy online these days. CBG and delta 8 flower are now available from reputable hemp flower producers. While the legal and regulatory status of new cannabinoids is always shakier, cannabis itself is on a fast track toward mainstream acceptance — now is the time to embrace the future.

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