CBD Import Rules: Regulations for Bringing CBD Into the U.S.

Quick Answer: Can You Bring CBD Into the U.S.?

• Legal hemp-derived CBD (≤0.3% delta-9 THC by dry weight) may be imported, but not all products are admissible.
• Food and beverages with CBD are generally refused by FDA.
• Cosmetics with CBD can be admissible if safe, properly labeled, and makeno drug claims.
• Animal food with CBD is not allowed. OTC drugs with CBD require FDA approval (none exist for CBD).
• Expect U.S. Customs and Border Protection (CBP) to request proof of legality and test THC levels.

Understanding the Law: What Counts as Legal Hemp-Derived CBD

The 2018 Farm Bill removed hemp from the Controlled Substances Act if it contains no more than 0.3% delta‑9 THC on a dry weight basis. That means hemp and hemp-derived CBD are not controlled substances when they meet this threshold.

However, the Food and Drug Administration (FDA) still regulates how CBD can be marketed. FDA has not approved CBD as an ingredient in conventional foods or dietary supplements. Cosmetics can contain CBD, but they must be safe and cannot make drug claims.

Key agencies and their roles

• CBP: Enforces admissibility at the border and applies federal customs rules. May detain shipments and send samples for testing.
• FDA: Governs food, supplements, drugs, and cosmetics. Can refuse entry if a category is unlawful or misbranded.
• USDA/APHIS: Regulates imports of live hemp plants, viable seeds, and certain plant materials. Often requires permits and phytosanitary certificates.
• DEA: Enforces the Controlled Substances Act. Cannabis extracts above 0.3% delta-9 THC are Schedule I.

Products most likely to be detained

• CBD foods, beverages, and gummies (FDA considers these unlawful)
• CBD products with therapeutic claims on labels, websites, or inserts
• Raw extracts or “work-in-progress” concentrates that may spike above the THC limit
• Shipments lacking batch-level COAs or clear hemp documentation

CBD Import Rules Checklist (Step-by-Step)

Use this import compliance roadmap to reduce delays and detentions.

1) Define your product and intended use

• What is it? Oil, isolate, topical, cosmetic, food, vape hardware?
• How is it used? Orally, topically, inhaled? Intended use triggers different FDA regimes.
• Who is it for? Humans vs. animals matters a lot to FDA.

2) Verify formula and THC levels

• Confirm ≤0.3% delta‑9 THC on a dry weight basis for the finished product.
• Obtain recent, batch-specific Certificate of Analysis (COA) using a validated method (e.g., HPLC).
• Prefer COAs from ISO/IEC 17025-accredited labs. Ensure batch/lot numbers match labels and invoices.

3) Gather core hemp documentation

• COA(s) for each lot and finished form
• Bill of lading, commercial invoice, and packing list
• Manufacturer’s statement that the CBD is hemp-derived and complies with the 2018 Farm Bill
• Chain-of-custody records linking raw material to finished goods
• For seeds or live plants: APHIS import permit and foreign phytosanitary certificate

4) Confirm federal admissibility by product category

• Food, beverages, dietary supplements: FDA currently deems CBD unlawful in these categories. Expect refusal.
• Cosmetics/topicals: Potentially admissible if safe, properly labeled, and no disease claims.
• Drugs: Only FDA‑approved CBD drug is Epidiolex. Otherwise inadmissible.
• Pet food/animal feed: CBD is not permitted.

5) Classify and file your entry

• Work with a licensed customs broker to determine the correct HTSUS code.
• Ensure the Importer of Record is set and that entry summaries (e.g., CBP Forms 3461/7501) are accurate.
• Food imports require FDA Prior Notice, but CBD foods are typically refused—avoid shipping them.

6) Prepare for holds, exams, and testing

• CBP may sample and test for THC. Provide documents promptly.
• Build in 1–3 weeks for potential review; longer if lab testing is needed.
• Keep spare samples and COAs ready for re-testing if needed.

7) Check state laws and shipping mode

• Confirm the destination state permits your product type.
• Postal/courier policies may require documentation proving hemp origin and THC compliance.

8) Recordkeeping and post-entry

• Maintain records for at least 5 years, as required under 19 CFR 163.
• Monitor FDA and state updates; adjust labels and claims quickly.

Real-World Experience: How One Importer Cleared Topicals but Not Gummies

Maya, a small wellness founder, tried to import both CBD gummies and CBD body lotion. CBP detained the shipment and requested COAs and label proofs. The gummies were refused because FDA treats CBD in foods as unlawful. The lotion, a cosmetic with no health claims, cleared after Maya supplied a batch COA, ingredient list, and safety substantiation file.

Outcome: Maya stopped importing ingestibles, added clearer labels (“no therapeutic claims”), and now includes state-by-state sales controls. Her release times dropped from 21 days to under a week.

Labeling and Claims That Trigger Seizures

• Any disease or therapeutic claims (e.g., “treats anxiety,” “cures pain”)
• Missing or inconsistent batch numbers between COA and product label
• Undeclared ingredients or unsafe additives
• “Dietary supplement” panels on CBD products (FDA objection)
• Marketing to animals as feed or treats

Common Pitfalls and How to Avoid Them

• Incomplete COAs: Provide cannabinoid profile, method, lab accreditation, and sample identifiers.
• Work‑in‑progress extracts: Avoid shipping concentrates that may exceed THC limits at any stage.
• Wrong product category: Don’t import ingestibles. Focus on compliant cosmetics or non-ingestible items.
• Claims on websites: CBP/FDA review online claims. Keep e-commerce pages claim-free for detained SKUs.
• Ignoring state variation: Some states restrict certain hemp cannabinoids or require registrations.

Costs, Timelines, and What to Expect at the Border

• Broker + entry fees: $150–$500+ per shipment, plus any duties.
• Storage/demurrage: If held, fees can accrue after free time expires.
• Testing/analysis: Lab reviews can add 7–21 days.
• Refusals/returns: Expect return-to-sender costs or destruction fees if inadmissible.

CBD Import Rules by Product Type

Oils and tinctures (oral)

Even if hemp-derived and ≤0.3% delta‑9 THC, oral products are treated as foods or supplements. FDA currently objects to CBD in these categories, so imports are commonly refused.

Gummies, beverages, and foods

These are generally inadmissible. FDA has repeatedly issued warning letters and refuses entry for CBD-containing foods and beverages.

Cosmetics and topicals

Often admissible. Ensure safety substantiation, ingredient lists, correct net contents, domestic contact info, and no disease claims. Keep COAs ready for batch verification.

Pet products and animal feed

CBD in animal food is not permitted. Avoid importing treats, chews, or feed with CBD.

Raw hemp material, isolates, and distillates

Ensure finished material is ≤0.3% delta‑9 THC. Provide COAs and traceability from biomass to final form. Live plants/seeds require APHIS permits and phytosanitary documents.

Best Practices for Smooth Import Compliance

• Create a dossier: product specs, COAs, labels, marketing screenshots, safety data.
• Map your supply chain and maintain chain-of-custody records.
• Pre‑clear claims with regulatory counsel. Remove any disease terms.
• Pilot small shipments to validate CBP expectations before scaling.
• Train your team on customs rules and FDA admissibility basics.

Conclusion

Bringing CBD into the U.S. is doable when you follow the CBD import rules: confirm THC limits, avoid ingestibles, prepare strong hemp documentation, and align with FDA and CBP expectations. A proactive, documented process saves weeks of delay and reduces seizure risk.

FAQs