With the passage of the 2018 Farm Bill, many growers and businesses have been exploring new opportunities to sell and ship live cannabis plants legally—especially hemp, which is defined as cannabis containing less than 0.3% THC. But how safe and legal is it to ship these live plants across the U.S.?
In this article, we’ll break down what the 2018 Farm Bill allows, the safety and legal considerations of shipping live hemp plants, and how to do it responsibly.
What the 2018 Farm Bill Actually Legalized
The 2018 Farm Bill (also known as the Agricultural Improvement Act of 2018) removed hemp and its derivatives from the list of controlled substances. This means:
- Hemp plants, seeds, and extracts containing less than 0.3% THC are federally legal.
- Interstate transport of compliant hemp is legal and protected under federal law.
- Hemp is now classified as an agricultural commodity, regulated by the USDA and individual state departments of agriculture.
However, it’s crucial to understand that this law applies only to hemp—not marijuana (which remains federally illegal, regardless of state laws).
Can You Ship Live Hemp Plants Legally?
Yes—but only if you follow the rules.
✅ Legal Requirements for Shipping Live Hemp Plants:
- THC Compliance: The plant must test below 0.3% THC on a dry weight basis.
- Licensing: Both the sender and recipient (if applicable) must be licensed hemp growers under a USDA-approved plan or a state-regulated hemp program.
- Phytosanitary Certificate: Most states require a phytosanitary certificate to prove the plant is pest- and disease-free.
- Documentation: The shipment must include copies of licenses, a COA (Certificate of Analysis) proving THC compliance, and shipping paperwork clearly marking the contents as legal hemp.
🚫 What’s Not Allowed:
- Shipping non-compliant cannabis (i.e., marijuana plants with >0.3% THC).
- Shipping to or from states or territories that still restrict hemp cultivation or transport.
- Shipping without proper documentation—doing so can lead to seizure or legal issues.
Is It Safe to Ship Live Hemp Plants?
Legally, yes—if all requirements are met. But “safe” also refers to the condition of the plant during transit, which comes with its own challenges.
Risks & Considerations:
- Transit Damage: Plants are fragile. Poor packaging or rough handling can damage or kill them.
- Temperature Sensitivity: Live plants can wilt or die in extreme heat or cold. Use insulated packaging and ship early in the week.
- Delivery Delays: A delayed shipment (especially over weekends or holidays) can compromise plant health.
- Inspection Confusion: Some shipping carriers or inspectors may confuse legal hemp with marijuana. Having full documentation reduces this risk.
Best Practices for Safe, Compliant Shipping
To ensure both legality and plant health, follow these guidelines:
📦 Packaging Tips:
- Use ventilated containers or humidity domes to keep plants hydrated.
- Secure the root medium with moist paper towels or Rockwool cubes.
- Place plants in a sturdy, padded box to prevent crushing.
- Avoid using soil (some states restrict shipping soil across borders due to pest concerns).
📝 Legal Documentation Checklist:
- Hemp grower license (sender and recipient)
- Certificate of Analysis (COA) showing <0.3% THC
- USDA or state-issued phytosanitary certificate (if required)
- Shipping invoice or manifest labeling contents as industrial hemp
🚚 Shipping Advice:
- Use overnight or 2-day shipping to minimize stress.
- Avoid weekend shipping.
- Use reputable carriers experienced with agricultural shipments.
- Always check the laws of the destination state to ensure they allow incoming hemp plants.
Final Thoughts
Under the 2018 Farm Bill, it is legal and generally safe to ship live cannabis plants— as long as they qualify as hemp and meet all regulatory requirements. While the process involves more paperwork than your average shipment, thousands of growers and nurseries across the U.S. are doing it successfully every day.
To ship live hemp plants safely:
- Follow federal and state laws
- Use proper documentation
- Package plants to survive transit
- Confirm that the receiving party is licensed
When done right, shipping live hemp plants can be both legally compliant and logistically sound—opening up new business opportunities and supporting the continued growth of the legal cannabis industry.