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Can you sell CBD on Shopify?

Can you sell cbd on Shopify?

Shopify will permit US merchants to sell topical and consumable hemp and hemp-derived CBD products, provided that they are operating in a state where the sale of their product is explicitly permitted and they comply with all applicable laws and regulations.
Shopify has always been the best way to start a business online, especially for new industries that have strict regulations.
Here are some of the things you’ll need to consider including on your CBD Shopify store in order to stay compliant.

1. Add an age gate to verify your customers are over the age of 21.

2. Build compliant landing pages that can be used for ads on Instagram, Google & Facebook.

3. Set up custom shipping rules for different types of products and limit what states you ship to.

4. Create shipping labels that automatically require signatures on delivery.

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Selling CBD on Shopify (US only)

US merchants in certain states are able to sell select hemp or hemp-derived cannabidiol (CBD) products on Shopify. Merchants can sell these products only in states where permitted by law. State laws and regulations governing the sale of these products vary significantly and are subject to change. You should consult with an attorney to determine how and where you’re able to sell your product.

Getting started

Because US laws surrounding hemp and CBD are quickly evolving, merchants should consult with an attorney before selling these products on Shopify. Shopify can’t provide advice on what and where merchants can sell, but we recommend that merchants review and monitor federal, state, and local laws, as well as monitor updates from the Food and Drug Administration (FDA). The FDA site has helpful guidance on products that contain hemp and/or CBD in the United States.

Set up your store to sell hemp or CBD

  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. For more details on this form, please refer to the Requirements section.
  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
    • eMerchant Brokers

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.

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.

General

What hemp and/or hemp-derived CBD products can I sell on Shopify?

In the United States, products that meet the definition of (or that contain ingredients that meet the definition of) “hemp” as defined in the 2018 Farm Bill and that comply with all other applicable federal, state, and local laws, including those in the jurisdictions of your customers, can be sold on Shopify. Merchants are not permitted to sell products containing CBD derived from marijuana.

Shopify will permit US merchants to sell topical and consumable hemp and/or hemp-derived CBD products, provided that they are operating in a state where the sale of their product is explicitly permitted and they comply with all applicable laws and regulations, including those in the jurisdiction of their customers. In the United States, merchants selling hemp and/or hemp-derived CBD products must complete the Attestation for the Sale of Hemp and Hemp-Derived Products.

No matter their jurisdiction, merchants may sell any product on the Shopify platform that is in compliance with the laws of their jurisdiction and the jurisdiction of their customers, as well as Shopify’s Terms of Service, Acceptable Use Policy, and other applicable policies. It is the merchant’s responsibility to ensure that they are in compliance with all applicable laws. We recommend merchants consult an attorney if they have any questions about the legality of their products.

Can I sell CBD products derived from marijuana?

No. Shopify only permits the sale of CBD products lawfully derived from “hemp” as defined in the 2018 Farm Bill and that meet the definition of “hemp” as a finished product. Merchants are not permitted to sell products containing CBD derived from marijuana. All sales of hemp and/or hemp-derived CBD products on Shopify must comply with all laws and regulations that apply in the jurisdiction where the merchant operates, as well as those in the jurisdiction of the merchant’s customers. Merchants should consult with an attorney before selling a product on Shopify.

Can I sell hemp and/or hemp-derived CBD products if my business is located outside of the United States?

The Attestation for the Sale of Hemp and Hemp-Derived Products is specific to US-based merchants selling hemp and/or hemp-derived CBD products. In Canada, merchants wishing to sell CBD must be licensed cannabis sellers, and are required to use Shopify Plus. Merchants in all other jurisdictions must continue to comply with Shopify’s Terms of Service and Acceptable Use Policy, which includes ensuring that the merchant is selling products in compliance with all applicable laws and regulations.

If I’m selling hemp or CBD, can I hire a Shopify expert?

Yes. Shopify partners, such as Shopify experts, apps, and online sales channels, are able to work with you at their own discretion. You should confirm this with the partner directly before using their services to confirm they’re able to support your products.

Requirements

What is the “Attestation for the Sale of Hemp and Hemp-Derived Products” and why do US merchants selling hemp and/or hemp-derived CBD need to complete it?

The attestation form outlines Shopify’s requirements for merchants selling hemp and/or hemp-derived CBD products in the United States. By filling out the form, merchants confirm that they understand the requirements for selling hemp and/or hemp-derived CBD products on Shopify, and that they will comply with those requirements.

For example, in the attestation merchants must confirm that none of their hemp or hemp-derived products are marketed as having any medicinal or therapeutic benefit, unless such claims have been approved by the FDA. Merchants are responsible for ensuring that their store remains compliant with all requirements of the attestation.

What states will Shopify support CBD merchants in?

 

Below is a list of states that Shopify currently supports. US laws surrounding hemp and hemp-derived CBD are quickly evolving, and this list will be updated as Shopify becomes aware of relevant changes regarding the sale of hemp or hemp-derived CBD products in specific states.

Supported states:

Alabama Alaska Arizona Arkansas
California Colorado Connecticut Florida
Georgia Illinois Indiana Kansas
Kentucky Louisiana Maine Maryland
Massachusetts Michigan Minnesota Missouri
Montana Nebraska Nevada New Jersey
New Mexico New York North Carolina North Dakota
Ohio Oklahoma Oregon Pennsylvania
South Carolina Rhode Island Tennessee Texas
Utah Vermont Virginia Washington
West Virginia Wisconsin Wyoming

Why are stores in certain states allowed to sell hemp or hemp-derived CBD, but not others?

Shopify can only support merchants in states where the sale of hemp and/or hemp-derived CBD products is permitted by state and local law. Some state drug laws still characterize the sale of hemp and/or hemp-derived CBD as illegal, and for this reason the sale of hemp and/or hemp-derived CBD products on Shopify is not permitted for merchants in these states. US laws surrounding hemp and hemp-derived CBD are quickly evolving, and we will update our policies as we become aware of relevant changes that permit the sale of hemp or hemp-derived CBD products in specific states.

Merchants should consult with an attorney before selling these products on Shopify. We also recommend that merchants review and monitor state and local laws, as well as monitor updates from the Food and Drug Administration (FDA). The FDA site has helpful guidance on products that contain the sale of hemp and/or CBD in the United States.

Are merchants responsible for knowing if they are selling in states that permit the sale of hemp or CBD products? If the law changes, will Shopify notify merchants?

Any merchant selling hemp and/or hemp-derived CBD products is responsible for understanding the regulations in the jurisdiction where they do business, and for complying with applicable laws both in their jurisdiction and in the jurisdiction of their customers. Shopify will not notify merchants of changes to the laws. Merchants should consult with an attorney before selling these products on Shopify.

We also recommend that merchants review and monitor state and local laws, as well as monitor updates from the Food and Drug Administration (FDA) and consult with an attorney. The FDA site has helpful guidance on products that contain hemp and/or CBD in the United States.

Where can merchants go to learn more about selling CBD in the United States?

The FDA website is a great place to start. The 2018 Farm Bill legalized products that meet the definition of hemp, but it didn’t remove these products from the FDA’s jurisdiction and oversight. The FDA’s website outlines its current position on dietary supplements, food, and cosmetics that contain hemp or CBD, which continues to evolve. An attorney can help you further understand the risks associated with selling hemp and CBD products.

FDA Regulation of Cannabis and Cannabis-Derived Products Q&A

FDA Consumer Update

Payment

Can I use Shopify Payments to sell hemp or CBD products?

No. Shopify Payments is not available for hemp or CBD products at this time. However, Shopify has partnered with several integrated third-party payment gateways that do support the sale of hemp and/or hemp-derived CBD products. You can see this list here.

It’s possible to have a product that you can sell on Shopify, but that can’t be supported by Shopify Payments. For more information on businesses that can’t use Shopify Payments, refer to Shopify Payments requirements. This doesn’t prevent you from using Shopify for your business. It only means that you need to work with a third-party payment provider.

I’m already using Shopify Payments, and I want to add hemp or CBD products to my store. Can I do that?

No. Stores that sell hemp or CBD products can’t use Shopify Payments to process payments. If you currently use Shopify Payments, then you have a few options:

  • You can change your payment settings to use a third-party payment provider.
  • You can open a second store exclusively for your hemp and/or hemp-derived CBD items and use a third-party payment provider for that particular store. Your already-existing store will not be affected as long as you don’t add hemp or CBD products to it.

Which payment providers can I use to sell CBD products?

Third-party payment providers will have their own policies regarding what products they can support, so you should contact the service you’re interested in using to confirm that they’re able to support your products.

Shopify has partnered with integrated third-party payment gateways that currently support the sale of certain hemp and/or hemp-derived CBD products. You can review the application process and apply to any of these providers with the following dedicated links:

  • DigiPay
  • eMerchant Brokers

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.

My current payment provider supports the sale of hemp and CBD, but is not included in the list above. Can I still use them?

Merchants are not limited to the recommended list of payment providers included above. Merchants are able to use any integrated third-party payment provider that fulfills the following requirements:

  1. They are integrated with Shopify.
  2. They support the sale of hemp and/or hemp-derived CBD products, as applicable.

Please confirm that your third-party payment provider is integrated with Shopify before proceeding.

A full list of third-party providers integrated with Shopify can be found at Ways to accept payments in the United States. However, not all of these payment providers support hemp or CBD product sales.

Can merchants sell hemp or CBD products and other products on the same store?

Merchants can sell hemp and/or hemp-derived CBD and other products on the same store if the payment gateway allows for the sale of hemp and/or hemp-derived CBD products.

Shopify Payments is not available to hemp or CBD merchants at this time.

Yes. You can create links between your stores, provided that your store selling hemp and/or hemp-derived CBD complies with all applicable laws and regulations.

I was removed from Shopify Payments, can I still use Shopify to sell hemp or CBD?

Yes. If you were previously removed from Shopify Payments for the sale of hemp and/or hemp-derived CBD products, then you can still use the Shopify platform to host your store. You can process payments with an alternative third-party payment gateway, provided that you submit and comply with the Attestation for the Sale of Hemp and Hemp-Derived Products.

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.

Shipping

I’m located in a state that allows the sale of hemp and CBD products, where can I sell to?

If you sell hemp and/or hemp-derived CBD products, then you need to ensure that you’re following the laws and regulations of both your own state and that of your customers. You should consult an attorney to determine where and what you can sell. Shopify does not provide legal advice.

After you’ve determined where you can sell your products, you can ensure that only customers from certain states can receive your products by editing your shipping zones.

Which shipping service can I use to send my hemp or CBD products?

Shipping services will have their own policies regarding hemp and/or hemp-derived CBD products, so you should contact the carrier you want to use and confirm that they’re able to deliver your products.

Can I use Shopify Shipping to send hemp or CBD to customers?

Yes. You can use Shopify Shipping to send hemp and/or hemp-derived CBD products to your customers, provided that the applicable carrier allows it. Ensure that you confirm the goods you’re sending are allowed to be shipped under the applicable carrier’s policies, and that the goods are permitted to be shipped to your customer’s jurisdiction.

You can learn more about how to set up and restrict shipping locations by product with Shopify Shipping profiles.

In-store sales

Can I use Shopify POS to sell hemp and CBD in person?

You can use Shopify POS to sell hemp and/or hemp-derived CBD in person in accordance with the same requirements as your Shopify online store. However, you can’t use any POS hardware that requires the use of Shopify Payments, and you need to use an external credit card terminal from your chosen payment gateway.

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