Clarification requested re selling CBD products on Ebay

[coniferclothingcompany]

Can one of the mods please clarify Ebays rules regarding the sale of products such as cbd oil? Thank you. 

Trinton@Ebay

Alan@Ebay

[shipscript]

Your staff-mentions didn't work, and Alan is on leave. Here is another try.

@Anonymous 

brian@ebay 

CBD oil is extracted from marijuana plants and typically does not contain THC (the "high" in marijuana).

https://www.usatoday.com/story/news/nation-now/2018/06/26/fda-approves-first-cbd-oil-derived-marijuana-treat-epilepsy/733567002/

CBD oil was given FDA approval last spring for treatment of epilepsy, but has been listed as a Schedule I drug (not even doctor prescribable) even though it contains no THC.  In September, its dangerousness was reclassified to Schedule 5, which allows doctor prescriptions.

https://hempindustrydaily.com/dea-takes-cbd-off-schedule-1-with-fdas-approval/

...It’s still not legal to make CBD in the U.S. The DEA said “the bulk cannabis material used to make the Epidiolex formulation (as opposed to the FDA-approved drug product in finished dosage form) will remain in Schedule 1.”

Here is some tricky reading on the definition of the plant material.

https://www.deadiversion.usdoj.gov/schedules/marijuana/m_extract_7350.html

This change makes it a prescription drug, which eBay doesn't allow, but eBay staff should be the ones to confirm. Even though the hemp stalks used for making rope fibers have been recently removed from the federal ban, other parts of the marijuana plant and its derivitives are not legalized in all states. That legalization disparity presents a problem for a platform that spans all the states.

I didn't see anything beyond Sept 2018 that changed the status of the oil.

[ittybitnot]

Can one of the mods please clarify Ebays rules regarding the sale of products such as cbd oil? Thank you. 

I don't have all the details, and  will not spend time looking for the links, but recently eBay disallowed the sale of CBD oil..only to have an eBay VP or other such spokesperson proclaim that the sales of such were some sort of wonderful and of great benefit to eBay monetarily....the conflicting information has been questioned, but I do not remember  the results.  For some reason, I don't think HEMP and MARJIUANA are typically the same.  But what do I know?  If I was sold hemp, I would likely have to claim SNAD....LOL /sarcasm

[18704d]

Have you tried reviewing these recent threads on the subject?

Selling Privileges have been temporarily restricted for item I sold months ago
01-14-2019
https://community.ebay.com/t5/Selling/Selling-Privileges-have-been-temporarily-restricted-for-item-I...

My 18 year old account with 100% positive feedback just got suspended indefinitely for selling CBD
12-27-2018
https://community.ebay.com/t5/Selling/My-18-year-old-account-with-100-positive-feedback-just-got/m-p...

CBD Hemp. Where in the policy does it say it's prohibited?
11-29-2018
https://community.ebay.com/t5/Selling/CBD-Hemp-Where-in-the-policy-does-it-say-it-s-prohibited/m-p/2...

Lynn

[coniferclothingcompany]

Thanks for the replies. I’m in the industry and have the knowledge about the product and have perused previous threads. What I have not been able to find is a clear policy from Ebay specific to CBD.

[southern*sweet*tea]

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@coniferclothingcompany wrote:

Thanks for the replies. I’m in the industry and have the knowledge about the product and have perused previous threads. What I have not been able to find is a clear policy from Ebay specific to CBD.

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I can't speak for Ebay, but I would assume that it is NOT Ebay legal, since it is not legal in all 50 states. There's no way to block states (other than AK and HI) so a blanket site ban would be in place to absolve Ebay of any legal liabilities.

To be on the safe side, anyone thinking of listing CDB containing items may want to reconsider, unless you don't mind getting permanently suspended.

[gracieallen01]

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@coniferclothingcompany wrote:

Thanks for the replies. I’m in the industry and have the knowledge about the product and have perused previous threads. What I have not been able to find is a clear policy from Ebay specific to CBD.

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I think you are somewhat optimistic in trying to get clarification.  Even if a policy - for most anything on ebay - happened to be concise, it would not necessarily be useable after the 'bots 'interpreted' it or CS explained the current status of said policy.  Which means that it is very UNSAFE to list.

However, good luck.  Some of us have found it beneficial and I passed 3 dispensaries (open to the public, without Rx) on the way home from an estate sale this morning.

[7606dennis]

If a prescription is required, I believe the sale of them would be prohibited under eBay rules. 

[Anonymous]

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@coniferclothingcompany wrote:

Can one of the mods please clarify Ebays rules regarding the sale of products such as cbd oil? Thank you. 

Trinton@Ebay

Alan@Ebay

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Hi @coniferclothingcompany, happy to clarify our stance on CBD products. At this time, we do not allow for the sale of pure CBD oil, consumable products containing CBD, or any product containing CBD that advertises any sort of legal high or drug effect. Hemp products such as paper, roper, clothing, and cosmetics are generally acceptable. Topical creams that include CBD oil as one of the ingredients and hemp oil/fiber are allowed as long as the previous guidelines are followed. 

In summary, some products that contain CBD are allowed with certain restrictions. Pure CBD oil or products claiming a drug-like effect are not allowed.

[ittybitnot]

Thanks, Trinton.  Your post was crystal clear.  I would respectfully suggest you provide the "takedown bots" with appropriate coaching. 

[escuintla]

CBD products are for sale on Ebay. Of course, they have been "water down" to make them legal. All of them are from plantations of hemp.
This is an industry that, excuse my French, any smart person like me should think about since if given a good look, a good consideration, it can change the way we get cured by natural things, not the pharma industry drug addiction they set us up for free and forever. 

Then we fall into the finger pointing of your items being taken down by Ebay. Like all those Beverly Hills MD products sold by the hundreds but they made me take down mine. 

[ittybitnot]

Like all those Beverly Hills MD products sold by the hundreds but they made me take down mine. 

LOL... All those phony products, and I still have "wrinkles"....should have claimed SNAD.....

[luckythewinner]

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@coniferclothingcompany wrote:

Thanks for the replies. I’m in the industry and have the knowledge about the product and have perused previous threads. What I have not been able to find is a clear policy from Ebay specific to CBD.

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Here is a very clear policy contained in the eBay user agreement: 

"We reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion."

Messages on this board strongly suggest that even though CBD products are not specifically prohibited, eBay has demonstrated a recent history of suspending seller account that offer these products. 

So IMHO it would be a prudent course of action not to list these tiems until eBay updates their pohibited item list to specifically affirm that they are permitted. 

[huntsman1234]

Thank you Trinton.

[dallasdal1978]

Has anyone found anywhere else we can sell it besides eBay ! My cbd sales were huge till I was restricted from selling