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Amazon still seems to be laissez-faire about enforcement of ingestible hemp-derived cannabinoid products that appear on its site – and in particular those containing intoxicating hemp-derived cannabinoids (IHDCs).
Though the global online marketplace generally prohibits the sale of any product containing cannabinoids, it does allow a limited number of cannabinoid products on its site under specific circumstances.
For example, the UK continues to run a limited pilot of ingestible CBD products, and the US site has started to make a number of topical products available through Amazon Fresh and the Whole Foods Market delivery where US state laws allow – though not through the main site itself.
“Over the last few years customer interest in topical CBD products has increased and state regulation to sell and purchase these products has expanded,” a spokesperson told CannIntelligence in March. “Making these products available for Amazon Fresh and Whole Foods Market grocery delivery helps to expand our selection and gives customers even more choices on products they can shop and have delivered conveniently to their home.”
Nonetheless, numerous products can still be found on the site, the majority of which are from unscrupulous sellers passing off hemp seed oil or other low-cannabinoid-content hemp products as genuine cannabinoid-rich items.
But increasingly a number of actual high-cannabinoid-content listings are appearing – including a number of those containing IHDCs.
Still online despite prohibition
This is definitely prohibited in Europe, where Amazon’s seller guidance states: “The listing and sale of ingestible hemp products, including lozenges, e-liquids, sprays and oils that contain CBD or other cannabinoids are prohibited on Amazon.co.uk, except for sellers participating in a limited, invite-only pilot.
“This pilot only applies to products listed on Amazon.co.uk and is not available on other Amazon websites. The pilot is not accepting additional sellers currently.”
CBD and THC are also explicitly prohibited in the US, where seller guidance states:
- “Hemp products containing Resin or tetrahydrocannabinol (THC)” as well as “Listings for products containing cannabidiol (CBD) are prohibited, including but not limited to:
- Full spectrum hemp oil
- Rich hemp oil
- Products that have been identified as containing CBD by LegitScript”.
Arguably this leaves scope for other hemp-derived cananbinoids to still be sold on the platform. However, Amazon told CannIntelligence that this was not the case. “Products containing CBD-related compounds, including CBN [cannabinol], CBC [cannabichromene] and CBG [cannabigerol] in question, are not allowed in the US store,” a spokesperson said after consultation with the Amazon compliance team.
Despite that, legitimate companies (and not individuals or third-party sellers) do appear to be successfully listing their hemp cannabinoid products on the US Amazon site – including both CBD and THC ingestible products.
One recently viewed by CannIntelligence (since taken down) for a 20-count pack of 15 mg hemp-derived THC gummies appears to have been on the site for at least three months judging by dates of reviews. It and other listings like it seem to get around Amazon automated policing by the simple expedient of not mentioning or including “THC” anywhere in the listing, instead referring solely to “delta-8” or “delta-9”, depending on the variant.
Others – including some that appear to have paid for Amazon-sponsored placement in results – are still on the site. The company has thus far seemed ambivalent about taking any enforcement action, telling CannIntelligence that it reviewed any information provided but would not share the results of investigations for privacy reasons.
“However, we take these matters very seriously and will take action as appropriate,” a company representative said.
– Freddie Dawson CannIntelligence staff
Photo: Atomic Taco
