If you’re starting a CBD business, you may be looking into shipping or transporting your products to other states in the U.S. However, because of recent events in the news, you may be wondering if your products can be confiscated.
While hemp is federally legal for sale in all fifty states, there have been several incidents in which police have confiscated CBD products. This is because local law enforcement agencies have a hard time telling the difference between hemp and marijuana just by looking at it, and many lack the ability to test for THC levels.
This raises the question, if my CBD products are confiscated, what do I do? Here’s what our experts have to say on the matter.
Can the Police Confiscate CBD?
No one really knows. Whether or not local law enforcement officers can confiscate CBD remains a gray area. The 2018 Farm Bill legalizes the sale of industrial hemp. But some states with strict marijuana laws don’t want the products within their state boundaries and insist that they have the right to prohibit them. CBD manufacturers and business owners argue that federal law trumps state jurisdiction. This has led to a number of legal debacles.
In Idaho, police seized 7,000 pounds of CBD products belonging to a company named Big Sky Scientific. In Florida, police confiscated $25,000 worth of product belonging to a company named Natural Life. In this case, the products were returned to the business.
What Do I Do if My Products Are Confiscated?
Local police agencies are working hard to address concerns about CBD. They want to make sure that they’re not interfering with government laws. For this reason, there are fewer and fewer instances of seizures. So it’s unlikely that your shipment or order will be confiscated, so long as there’s less than 0.3% THC in your products.
However, it’s always a good idea to hire a company lawyer. Just in case things go south, you want to have a professional on your side who can do a good job with presenting your case in court.
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Do you have questions about CBD legality? Reach out to our team to get more information!