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US merchants in certain states are able to sell select hemp or hemp-derived cannabidiol (CBD) products on Shopify. When you sell hemp and hemp-derived products through Shopify, you need to comply with the laws and regulations that might apply to your business. These laws and regulations depend on the region where your store is located and the region where you sell. Launching a Shopify CBD store seems like a natural choice for hemp entrepreneurs, but there are a few things you need to know before selling CBD on Shopify.

Selling CBD on Shopify in the United States (US)

This page was printed on Sep 10, 2022. For the current version, visit https://help.shopify.com/en/manual/products/cbd-products.

If you’re a US merchant and you want to learn how to set up your Shopify store to sell hemp and hemp-derived products that contain cannabidiol (CBD), then use this page for information about some laws surrounding hemp and hemp-derived products that might apply to your business. Learn more about hemp and hemp-derived products.

Hemp is a type of plant in the cannabis sativa plant species, and produces a broad range of cannabinoids. Hemp doesn’t produce high levels of tetrahydrocannabinol (THC), but is capable of producing high concentrations of CBD.

To sell hemp and hemp-derived products that contain CBD, you need to review and submit the Attestation for the Sale of Hemp and Hemp-Derived Products.

The Attestation for the Sale of Hemp and Hemp-Derived Products is only available to stores that are based in the United States. If the document doesn’t open in your Shopify admin, then verify that your store is a US-based store.

If you haven’t created a Shopify store yet, then go to www.shopify.com/sell/cbd to sign up for a trial store.

Getting started

Laws in the United States surrounding hemp and hemp-derived products are changing, so you should consult with legal counsel before you sell these products on Shopify. Shopify can’t provide legal advice on what and where you can sell.

Before selling hemp or hemp-derived products on Shopify, review and monitor federal, state, and local laws. You should also monitor updates from the Food and Drug Administration (FDA).

Set up your store to sell hemp or hemp-derived products

Caution

If you sell CBD products, then you can only set up email-only order and shipping notifications. SMS notifications are not supported for merchants who sell CBD products.

  1. Log in to your Shopify store. If you haven’t created a store yet, then go to www.shopify.com/sell/cbd to sign up for a trial store.
  2. Carefully review and submit the Attestation for the Sale of Hemp and Hemp-Derived Products. You need to be signed into your Shopify account as the store owner to complete this form. If you’re not the store owner, or your store address is not located in the United States, then this link will automatically redirect you to the Shopify admin. Before you sell any CBD products, make sure that you understand and submit the attestation form. After you have submitted the form, the attestation process is automatic – you don’t need to wait for a response from Shopify regarding the attestation form.
  3. Select and apply for a third-party payment gateway. Shopify Payments is not available for hemp or CBD products at this time. However, Shopify has partnered with third-party payment gateways that support the sale of certain hemp and/or hemp-derived CBD products. The requirements for approval may vary for each gateway. Review the requirements and apply directly to any of these gateways using the following Shopify-specific links:
    • DigiPay
    • Pinwheel
    • Authorize.net
  4. Set up email-only customer notifications for orders and shipping. You can only send notifications related to CBD products and shops by email. SMS messages aren’t supported. For steps to enable email-only customer notifications, refer to Disable your customer’s SMS notifications.

This list may not be exhaustive, and may change over time.

Hemp-derived CBD transactions are vetted more carefully by third-party payment gateways than other transactions, so the application and approval process might be more involved than usual. Third-party payment gateways take into account many factors in approving payments and rates for shops selling CBD products, including product type, whether the business was recently created, transaction history, volume, product mix, and others. Approvals are at the discretion of each third-party payment gateway, and Shopify can’t guarantee the approval of your shop.

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Additionally, it is important that you know your responsibilities. Like all Shopify merchants, it’s your responsibility to follow federal, state, and local laws and the respective policies of Shopify, our app and partner ecosystem, and any third-party providers. If you have additional questions, then contact the third-party providers directly, or consult with an attorney.

Shopify Plus

Merchants using Shopify Plus can contact the Merchant Success team for guidance and dedicated support in completing the steps required to sell hemp or hemp-derived CBD products on Shopify.

Disable your customer’s SMS notifications

You can only send notifications related to CBD products and shops by email. SMS messages aren’t supported. For information about customer notifications, refer to Set up your customer’s notification options at checkout.

Hemp and hemp-derived products

This page was printed on Sep 10, 2022. For the current version, visit https://help.shopify.com/en/manual/your-account/legal/hemp.

When you sell hemp and hemp-derived products through Shopify, you need to comply with the laws and regulations that apply to your business. These laws and regulations depend on the region where your store is located and the region where you sell.

Hemp is a type of plant in the cannabis sativa plant species, and produces a broad range of cannabinoids. Hemp doesn’t produce high levels of tetrahydrocannabinol (THC), but is capable of producing high concentrations of cannabidiol (CBD).

Hemp and hemp-derived products are highly regulated and those regulations vary by region. If you’re located and selling hemp or hemp-derived products in a jurisdiction where the sale of these products is permitted, then Shopify generally supports the sale.

Caution

This following content provides general information to merchants who sell hemp and hemp-derived products and is for informational purposes only. You’re responsible for reviewing and using this information appropriately. This content doesn’t contain and isn’t meant to provide legal advice.

You should consult your own legal counsel to determine how the laws in your region and the region in which you sell hemp and hemp-derived products might affect your business. To sell products using the Shopify platform, you must comply with the laws of the jurisdiction of your business and your customers, the Shopify Terms of Service, the Shopify Acceptable Use Policy, and any other applicable policies.

Laws and regulations for selling hemp or hemp-derived products in the United States (US)

If you’re a US merchant and you want to sell hemp and hemp-derived products that contain CBD, then you’ll need to review and submit the Attestation for the Sale of Hemp and Hemp-Derived Products.

By completing the attestation, you confirm that you understand the requirements for selling hemp or hemp-derived products on Shopify, and that you’ll comply with those requirements. It’s your responsibility to remain compliant with all the requirements of the attestation. If you violate the terms of the attestation you agreed to, then you risk action by Shopify.

Laws in the United States surrounding hemp and hemp-derived products are evolving, so you should consult with legal counsel before you sell these products on Shopify. Shopify can’t provide legal advice on what and where you can sell.

Before selling hemp or hemp-derived products on Shopify, review and monitor federal, state, and local laws. You should also monitor updates from the Food and Drug Administration (FDA).

FDA resources

You can find specific information online about the FDA’s current position on dietary supplements, food, and cosmetics that contain hemp or hemp-derived products such as CBD.

  • FDA Consumer Update
  • FDA Regulation of Cannabis and Cannabis-Derived Products

Attestation example

Among other things, in the attestation, you must attest and confirm that:

  • None of your hemp or hemp-derived products are marketed as having any medicinal or therapeutic benefit, unless such claims have been approved by the FDA.
  • Your products contain no more than 0.3% THC, regardless of compound type, such as delta-8, delta-9, and delta-10.
  • Your products comply with all applicable federal, state, and local laws, including the laws in the jurisdictions of your customers.

Laws and regulations for selling hemp or hemp-derived products in Canada

In Canada, most hemp-derived products are classified as cannabis. To sell hemp or hemp-derived products in Canada, you must:

  • Be licensed to sell cannabis either at the federal or provincial level.
  • Comply with all the requirements set out in the relevant legislation.
  • Use Shopify Plus.
  • Complete a specific onboarding process related to selling cannabis products in Canada.
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Laws and regulations for selling hemp or hemp-derived products internationally

You can sell hemp or hemp-derived products if it’s legal, and you comply with all marketing laws in your jurisdiction and the jurisdiction of your customers.

The products you sell can’t contain more than 0.2% of THC, regardless of the compound type, such as delta-8, delta-9, and delta-10.

Here’s What You Need to Know about Selling CBD on Shopify

On January 1, 2019, the 2018 Farm Bill removed restrictions on selling CBD online as long as it is derived from hemp plants.

Updated: February 2022

On January 1, 2019, the 2018 Farm Bill removed restrictions on selling CBD online as long as it is derived from hemp plants.

CBD, or cannabidiol, sales are expected to reach nearly $80 billion by 2030. With that much money on the table, it’s no wonder Shopify CBD stores are popping up everywhere as everyone tries to get their share.

For the small business owner, branching into CBD-related sales in their Shopify store (or launching a new CBD store from scratch) seems like a natural choice–but there are a few things you should know first.

Shopify CBD Requirements

It should come as no surprise with a substance like CBD, but Shopify has to cover themselves on the legal side. The first thing you’ll need to do is fill out the “Attestation for the Sale of Hemp and Hemp-Derived Products.”

This form basically says that as a seller of CBD products, you will abide by all Federal, state, and local laws as they pertain to these sales. It also indemnifies Shopify, which is a fancy way of saying that if you run afoul of the law, you can’t turn around and blame Shopify for it.

It also means that it’s your responsibility to keep track of the CBD related laws relevant to your target sales areas.

Legislation like this is a moving target. It’s entirely possible that states may backtrack and repeal the existing laws. If you’re opening a CBD store on Shopify (or any other eCommerce platform), be sure to keep up with the rules.

Which States Allow CBD Sales Online?

As of February 2022, you can legally sell CBD products on Shopify in all 50 U.S. states, so long as the products are hemp-derived (as opposed to marijuana-derived) and contain less than 0.3% THC. Huzzah!

It’s definitely worth noting, though, that there are some states with extra restrictions. (Every party needs a pooper and all that.)

Shopify expressly states that they are not responsible for informing CBD shop owners if there are any changes in the law. That responsibility lies with you.

Marketing CBD Online

CBD containing less than 0.3% THC became federally legal long before all the states caught on. What this means is that the Drug Enforcement Agency (DEA) gave up their control of the sale of these products. Instead, the handling has passed to the Food and Drug Administration.

The FDA has not approved CBD as a medicine (except for a single prescription drug, Epidiolex), or as a food additive or a dietary supplement. As a result, you’re technically not supposed to market CBD by making any health claims or add it to food or drink. That remains illegal at the Federal level.

That said, you can sell cannabidiol and hemp products as such and ship them to any customer within the United States.

The laws surrounding selling CBD online can be extremely confusing. Many sellers choose to retain a law firm that specializes in “cannabusiness” to keep themselves abreast of all of the laws and how they pertain to them.

Shopify CBD Payment Processors

The last major component of selling CBD products on Shopify is how you accept online payments. With cannabis-related products, several banking laws have strange effects on who can take payments and who can’t.

Federal law forbids banks from taking money involved in the marijuana industry. That law makes payment processors uneasy when it comes to handling funds as well. You can’t use Shopify’s in-house payment processing, Shopify Payments, either. (And in case you’re wondering, yep, PayPal put the kibosh on CBD payment processing as well.)

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Finding a payment solution that will deal with online CBD sales can be challenging, but not impossible. You just have to go through an outside payment vendor that integrates with Shopify.

Shopify currently recommends two CBD payment processors – DigiPay and Sezzle .

But getting approval from these third party merchants isn’t as easy as signing up. For DigiPay, you must provide test results from an independent lab that demonstrate your CBD products don’t contain more than the 0.3% THC concentration as allowed by Federal Law. You’ll also need to submit photos of your product and inventory.

For our Shopify CBD merchants (and all merchants really!), we love to refer them to a third option: Sezzle, a convenient and CBD-supported payment solution. This innovative approach to sales growth allows customers to split up their total purchase into four interest-free payments–lowering the objection to purchasing.

Best of all, for Tako readers only, Sezzle is currently offering a FREE 30-day trial. Just enter code SZORNYO at checkout.

Click here to see how Sezzle can help you close more sales.

For CBD companies offering subscriptions, we recommend Pinwheel, which is the only payment processor that supports recurring billing for CBD products!

Selling CBD On Shopify: Is It Really Worth It?

Many ardent CBD proponents claim that it can prevent, diagnose, or even treat cancer, diabetes, Alzheimer’s, and even psychiatric disorders.

Officially, the FDA prohibits CBD sellers from making any claims about efficacy in treatment. Additionally, because CBD is now in an FDA-approved medication (Epidiolex, used to treat Lennox-Gastaut syndrome and Dravet syndrome), it can’t be used as a food additive.

However, the fact that CBD has been approved as medication shows that it does have some definite and clinically proven effects.

In 2012, a research team published a study in the Journal of Experimental Medicine that showed cannabinoids are highly effective in treating neuropathic pain and inflammation.

It also notes that marijuana has been used to treat neuropathic pain for centuries, but the psychoactive components of THC make it a problematic solution for many. However, because CBD has low amounts of THC, it avoids those side effects.

Currently there is a boatload of studies examining the efficacy of CBD, particularly for insomnia and anxiety. One oft-cited study concluded that CBD was effective in treating anxiety and insomnia in a ten-year-old girl suffering from PTSD connected to a sexual assault. Earlier attempts with standard pharmacotherapy were only partially successful, while CBD was a fully effective treatment.

There is no doubt that CBD has many great benefits. However, because this is such new ground for regulatory agencies, knowing what you can and can’t legally say in marketing is tricky.

Congress is currently pushing the FDA to make changes in CBD regulations, in part because of public demand. The next few years should be interesting, as the Federal government takes a more firm position on the legal and marketing status of CBD as a supplement and food additive.

All The Toppings

As more states change their laws regarding the sale of marijuana-derived CBD products, the landscape for online CBD sales will continue to change as well. With many states having already legalized medical–or even recreational–marijuana and several more on the cusp of doing so, you can expect to see even more potential markets open up. As the banking industry catches on to the potential windfall that CBD-related money represents, their desire to stay on the sidelines will fade as well.

The biggest challenge for you as a Shopify merchant is staying abreast of these changes.

Setting up your Shopify CBD store and developing a marketing strategy that’ll separate your products from the ocean of other CBD-related goods can be an equally daunting challenge.

Contact us to see how we can help you get up and running faster.

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