You may be wondering, are my CBD products even legal to sell?. The short answer is yes, but CBD marketing is a little trickier than you might think. The DEA has clarified their stance on CBD, and according to the 2018 US Farm Bill, hemp-derived CBD is legal for commercial use as long as the THC percentage of the product remains below .01%.
Unfortunately, Facebook does not allow drug-related products to be advertised. You’ll find this in their ad policy, but there are ways around it.
Medical assistance advertisements are allowed, so if you found a way to fold assistance into the advertisement you may be able to sneak one by the Facebook ad regulators. We found an example of a clinical trial for cannabidiol that was approved by Facebook.
Twitter doesn’t allow any advertising for illegal drugs, recreational drugs, or herbal drugs. That removes CBD as an option. That doesn’t mean you shouldn’t use Twitter as a marketing platform, though. Twitter’s ad policy only applies to paid advertising products.
We’ve written an extensive article on cannabis marketing using Twitter, and the fact that CBD is primarily used for pain relief makes it a perfect opportunity for indirect product marketing.
Instagram has very similar policies to Twitter, though they do not seem to police them as much. We’ve seen a wide range of posts that technically shouldn’t be allowed, remain up. Instagram has also shut down accounts for posting items that others also have up.
Our Instagram marketing tutorial can help you establish the safest posting plan possible. Just be aware that as with any social media platform, your ability to advertise and maintain an account isn’t entirely up to you.
Using your own website to your advantage is one of the best ways to advertise your CBD products. You’ve got full control and no one can take it down. What are some of your best options?
The CBD market is still incredibly young in the U.S., and everyone is playing on the same field. You may be stuck with traditional advertising avenues for now, but that doesn’t have to be a bad thing. Make it work for you. If you don’t already have a website or are interested in a redesign, we can help. Establishing an online presence starts with a website because if you don’t have anywhere to direct customers you won’t be ready once you can freely advertise on social media.
With the Hemp Farming Act of 2018 passed, hemp is removed from the controlled substances act and open up your social media advertising options in the near future. We can help make sure you’re ready for it.
Well, there is good news and bad news. The farm bill will ease growing restrictions for hemp cultivators, making it likely that you’ll have cheaper sources for whole-hemp flower, full spectrum, and CBD isolate in order to make your great products. The bad news is that according to the FDA, CBD is still isn’t allowed in food.
In a consumer reports interview with Colleen Keahey, president of the Hemp Industry Association she says hemp legalization could mean:
…doubling or tripling domestic cultivation within the next year.
That’s the overall impact of the 2018 Farming Bill on CBD product retailers. Instead of being forced to purchase hemp and hemp flower from in-state farms or select neighboring states, retailers should have access to a broader, unrestricted, and much more competitive supply chain.
The 2018 Farm Bill does not affect FDA status of CBD
What’s the bottom line?
Trust your state laws. As it stands currently, CBD products remain in a semi-murky grey area. Companies all over are selling them while three different government branches have control over hemp, CBD, and food production law and enforcement. You might be wondering, why aren’t they going after CBD companies if it’s considered an unscheduled drug and illegal to sell? The DEA has answered that question themeselves.
I think people think (CBD) is high on the priority list right now. It is not.
CBD just isn’t on the radar of the DEA and if it isn’t important enough to go after now, it isn’t likely to be later. Just remember that state laws are your best guideline, shipping to Idaho, South Dakota, and Nebraska still probably isn’t a great idea, and always pay your taxes.