Hemp Sales Legal?

[GoldenStateSweets]

Hello, I am wondering everyone's thoughts on selling CBD and Hemp on etsy (Non THC products!) for those who need it without causing any psychoactive effects. I see many seller's here with the product, yet when I post a low dose hemp product, I got it taken down. I have since contacted etsy who notified me CBD is illegal (though if you look at the classified drugs thc is listed as a class 1 but not CBD). 

[RamenSandwich · Accepted solution]

It doesn't have to be illegal for Etsy to disallow its sale on their site, so there's no point in trying to argue that with them. Their site, their rules.

As for other sellers listing hemp products, the worst guide to what is allowed to sell is what other sellers are listing. Etsy does not catch listing violations unless they are actually listed and viewable by everyone. Since you had a listing that was taken down, someone could have looked at it before it was taken down and assumed that Etsy was cool with it.

Another thing to keep in mind is that Etsy does not allow medical claims to be made in listings.

[WitticismsRus]

@GoldenStateSweets 

https://www.etsy.com/legal/policy/plants-herbs-and-seeds/242685907951

"Etsy currently prohibits the sale of the following substances:

• Controlled substances, such as narcotics, marijuana, cannabidiol (CBD), and steroids"

"I see many seller's here with the product..."

Sure, you will see all sorts of things here that do not belong, are illegal, counterfeit or do not qualify to be sold here on etsy. Not everyone who speeds gets pulled over and given a speeding ticket. That doesn't invalidate the rules etsy has in place. Etsy isn't a curated site so many sell things they shouldn't until they get caught, they just haven't been caught yet. 

[AAANativeArts]

While hemp products may be legal on a state by state basis in the US, they are still illegal according to federal law and in some states. Since you may be shipping across state lines, this is why Etsy is using the federal laws.

[CraftyCraftsCorners · Accepted solution]

People tend to get Hemp & Marijuana mixed up they are not the same here is the difference https://weedmaps.com/learn/the-plant/hemp-vs-marijuana

As to Etsy and what they say and rules is up to them. Maybe its how you listed it they dont like.

[GoldenStateSweets]

you are right! people do get it mixed up! I do work in the legal cannabis industry and know all the laws! and have a license to sell all products, and cbd and hemp dont fall under the thc category. that being said, etsy owns their site and cane make their own rules. 

[AAANativeArts]

Etsy specifically excludes CBD from sale on their site. Also, you cannot make any medical claims.

[SeasideRoseCreations]

I think your wording "helps you stay calm and relaxed" is a red flag for Etsy.

You cannot make medical claims here.

[FenderMinerals2]

Regardless of the product you cannot claim medical or healing affects.  

[StanfordBotanicals]

Well it should be even across the board here. if ban a seller you ban all... I smell a class action lawsuit.

[StanfordBotanicals]

Well it should be even across the board here. If ban a seller you ban all... I smell a class action lawsuit. 

[DragonBourneRPG]

I would be on board with that, there is a massive hypocrisy across the platform. 

[JDTotesnDolls]

@DragonBourneRPG   this is an old thread.  If you wish to discuss this it would be a good idea to start a new thread. 

And Etsy removes sellers of prohibited items as they find them or are alerted to them in addition to using a BOT. 

The Our House Rules articles which all are to read and abide by have this information about what is and is not allowed readily available for everyone.    

I think I see why you added to this thread.  You are not creating your own items.  The license for the characters may or may not be allowed by Etsy.  In some cases Etsy decides based on how they interpret their own guidelines.  We in the forums do not have that ability.  We have to abide by how Etsy interprets the Our House Rules.

[HempKatzSoapCo]

I will be deactivating my shop. I have had a shop for 3 years and  sell soap products with hempseed oil. It is not hallucinogenic. I also say that on my listings. Now the last 6 weeks when I put a product on they deactivate it immediately! I’ve appealed and told them it’s the same hempseed oil others sell. It doesn’t matter. They say the name implies I sell CBD. I’m VERY frustrated and will be pulling my site. 

[DandelionDustVintage]

I think drug paraphernalia like weed grinders, pipes, bongs etc are also not allowed, even though sellers try to get away with, "it's for tobacco".

[ModFabio · Accepted solution]

Hello everyone!

If you would like to share your thoughts and get the conversation going about this or similar topics, we ask that you start your own thread instead of bumping an old one, as this can cause confusion for members reading.

Having said that, we are closing this thread as it is indeed a bit older, and the information contained here may be outdated.

Thank you!