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While hemp is legal on the federal level thanks to the 2018 Farm Bill, many states maintain strict rules for the processing, cultivation, manufacturing, retail sale and marketing of the plant. As more and more states develop regulations that are CBD-specific when it comes to retail, it’s good to understand the requirements of CBD marketing to ensure your business is compliant.

State Requirements for Selling Online CBD

Each state has varying requirements regarding CBD taken from hemp, including testing, packaging, marketing, sales and labeling of the products. Though some states mandate you must obtain a license, some others require that you register the products with a state official. If you are selling such products, even ones that are sold only online, you have to follow the retailer requirements in the states where the products are sold.

Who Has To Register To Sell CBD Products Online?

Certain states make it so registration has to occur before a business is able to sell CBD. If you are selling products to customers or from one of those states, you have to obtain a license, even if you don’t have a physical presence in one of those places.

How To Know if Your Business Has To Register

In order to determine if you need to register, you need to look at the hemp regulations for CBD products in the specific state you intend to sell in. There are some steps to take toward this end:

FIND OUT WHICH AGENCY HOLDS THE PROPER AUTHORITY. The agency that takes care of licensing or registration for retailers might be different from the agency that is responsible for regulating hemp production of hemp products.
REVIEW THE AGENCY’S SITE. The agency that offers the information might not include the requirements for retailer registration on the site. Because of this, it is important to have all CBD laws and hemp laws understood in that state.
REVIEW THE APPLICABLE REGULATIONS AND LAWS. Not every state regulation is straightforward about retail requirements and whether they apply to online retailers, so you’ll need to confirm that with the regulators.

How Do States Enforce Online CBD Registrations For Products?

It is difficult to guess who state agencies are able to track the online sales of private products. Even so, those who do not obtain a license or fail to register will be at risk of violating state law, and these instances could mean seizure of your products as well as other consequences.

Trends of Today

States are adapting even more expansive CBD retailer licensing rules and registration. Online retailers have to continue to look out for changes in the states where they sell products. If not, this may also put you at risk of violating a law that you didn’t know was recently added.

CBD marketing is just one part of the CBD industry, and it comes with many regulations, rules and licensing mandates that you need to be aware of before you begin selling in or selling to any state.

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